When you have been injured at work or become ill due to your job, the most crucial first step you can take is informing your employer and filing your claim for worker’s compensation benefits. Many employees diligently complete the required paperwork, transparently discuss their injury with their employer, and still end up having their worker’s compensation claim denied. The question that hard-working people often ask us at The Popham Law Firm is, “Is it legal for my employer to deny my Missouri or Kansas worker’s comp claim?”
The short answer is yes, it is. But, there are rules that your employer must follow—they don’t get to pick and choose on a whim which worker’s comp claims they approve and which ones they deny. At The Popham Law Firm, we have many years of personal injury and worker’s compensation law experience. We are accustomed to dealing with hard-working Kansas City residents who have the double misfortune of being hurt on the job, then having to fight for the compensation that is rightfully theirs. If you find yourself confused about why your worker’s comp claim has been denied, our experience suggests that you should NOT accept that denial as the last word.Here is where we have to include a significant detail: While you can file the appeal paperwork on your own, you would be much better off having an experienced Kansas City worker’s compensation attorney evaluate your case to make sure you are making the most persuasive possible argument in your appeal. You also do not want to waste any time when completing any paperwork: In Kansas, you must file your compensation claim within three years after the accident or two years after receipt of your last workers’ compensation benefits, whichever comes later. The time that you have to pursue a claim is a little bit different in Missouri; you must file within two years of the accident or the date you last received worker’s compensation, whichever is later.Regardless of which state you live in, time truly is of the essence. Don’t delay—call the worker’s compensation professionals at The Popham Law firm to make sure that you get the benefits that you are entitled to.
Reasons Why your Worker’s Compensation Claim may be Denied
There are several common reasons why your employer’s worker’s compensation insurance company may attempt to deny your claim. These reasons include:1. The insurance company may claim that you did not report the injury in a reasonable amount of timeIn both Kansas and Missouri, if you do not notify your employer about your injury or illness within 30 days, you could be jeopardizing your worker’s compensation benefits. A good rule to follow is to make sure that you let your employer know immediately anytime that you suspect you’ve been injured on the job.2. The insurance company could contend that you did not file your claim promptlyIt is confusing, but filing a claim is separate and distinct from reporting your injury. You have up to three years after the injury in Kansas, but Missouri residents are only granted two years.3. Your employer may dispute that you were injured as a result of your employmentIn order to qualify for worker’s compensation, your injury or illness must be a direct result of your employment. If it is believed that you were injured while in transit to or from your job, or if your employer thinks that your injury was sustained during the time you were off, your request for benefits could be denied. Sometimes, additional medical evaluations may be necessary to adequately prove that you were injured or became ill as a result of your job.4. The insurance company may contend that your injuries are not covered by worker’s compensationKansas and Missouri workers suffering from work-induced stress-related injuries and illnesses may find it particularly difficult to support a compensation claim without the help of an experienced attorney. Additionally, if you are found to have used any drugs (prescription or illegal) or had alcohol in your system at the time of the accident that caused your injury, you could be facing the loss of your benefits. Whether or not you followed all of your workplace’s safety rules could be an issue as well; Kansas law, in particular, allows for benefits to be denied if you willfully ignored an established safety procedure or exhibited reckless behavior. Fighting on the job or horseplay could also have a negative impact on your application for worker’s compensation benefits.5. You did not receive or continue to receive medical treatment for your injury or illnessIf you are injured on the job or become ill due to your employment, it is essential that you get the medical attention that you need from a qualified physician. Failing to do so is sure to raise the suspicion of your employer’s worker’s compensation insurance company.
The Popham Law Firm can Help you Get the Compensation you are Entitled to
When you become ill due to your job or become injured in a workplace accident, you have plenty to deal with. Physical pain, emotional turmoil, and fear about your future can all add up. The last thing you need to pile confusion about the worker’s compensation process onto your plate. As a former defense firm representing the insurance industry, The Popham Law Firm is dedicated to using our knowledge and experience to get you the full compensation that you are entitled to. There is no need to go it alone—call us at (844) 243-2288 or contact us via our website today.
