Workers’ compensation exists to provide financial compensation to workers who are hurt while doing their job. This is a no-fault system, meaning that an injured employee is entitled to compensation through their employer’s cover regardless of who was at fault for the injury.
However, there are circumstances when your worker’s comp claim can be denied by the insurance company. If this happens, it is important to understand why your claim has been denied so you can figure out your appeal options.
Here are some of the reasons why your workers’ comp claim may be denied.
You did not report the injury to your employer in time
Workers’ compensation insurers do not appreciate cases that are not reported in time. They argue that failing to report the claim in time could mean that you were never hurt in the first place. Moreover, Texas workers’ compensation laws require that you report any work-related injury within 30 days from the date of the incident. Missing this deadline may result in both the employer and the insurance company disputing the validity of your claim. If you are hurt at work, it is important that you comply with the law and inform your employer about your injury as soon as possible. Do not forget to fill out the accident report.
You waited too long to file your claim
It is not uncommon for a legitimately hurt employee to delay filing their workers’ compensation claim until they are either laid off or fired from their role. Employers and insurance companies do not like such claims and they may even argue that your claim is nothing more than an act of vengeance.
Additionally, Texas has specific timelines within which you must file your workers’ compensation claim. This is known as the statute of limitations. By failing to file your claim within the statute of limitations time frame, you will be giving your employer and the insurance company sufficient reason to dispute your claim.
A workplace-related injury can severely impact your life. If you have been hurt on the job, it is important that you avoid common pitfalls that can hurt your chances of getting the compensation you deserve for your suffering.