What Can You Do if You Were Denied for Workers’ Comp in Massachusetts?
In Boston, employees may be provided medical treatment, wages for lost time, and other benefits if he or she is injured on the job. When an injury occurs at work, you deserve to be compensated for your troubles. Often, many people are denied the benefits he or she needs.
If you have been denied workers’ compensation benefits, you still have legal options. It is best to speak to a knowledgeable attorney to learn about Boston workers’ compensation denials and the steps you should take to get your benefits approved. Let an experienced workers’ compensation lawyer fight for your rights. En Español.
Eligibility for Workers’ Comp Benefits
In order for a workers’ compensation claim to be approved, first and foremost, the injured worker has to be an employee, not an independent contractor. Second, he or she must have been injured while on that scope and course of his or her employment. The injured individual also has to report the injury promptly to his or her employer.
Unfortunately, an employer could claim that the injured worker was not hurt on the job. Also, if an employer claims that the person was not an employee, then there is a descriptive analysis a judge would have to follow to determine whether or not in this particular case the injured worker is an employee or an independent contractor.
Reasons Benefits Could Be Denied
A workers’ compensation claim could be denied if the employer claims that the injured worker was not hurt on the job or if the employer claimed that the injured worker was not an employee. If the injury was pre-existing, then the claim could be denied. The claim could also be denied if the injured worker reports the injury too late. There is no specific time for reporting an injury, but it is the injured worker’s responsibility to report a work injury as soon as he or she realizes that he or she was injured at work. If he or she waits too long, the employer and the insurance company could deny the claim for the late notice.
The first thing an injured worker should do in the event his or her claim is denied is to consult with an experienced lawyer to review the facts of the matter, investigate, and determine whether or not there are sufficient facts and medical support to be able to file a claim and to appeal the Boston Workers’ compensation denial.
Steps to Take After a Claim Has Been Rejected
The first step a lawyer would take if an individual were denied workers’ comp benefits would be to obtain any police reports, accident reports, witness statements, or affidavits to support the injured workers’ claim that an accident did happen at work. To show the fact that the person was injured, the attorney should obtain all of the relevant medical records and reports. In some cases, he or she would obtain prior medical records and have the treating physician or a doctor hired by the lawyer to examine the medical history and offer a medical opinion as to what is related as a result of the work injury. A workers’ compensation lawyer could investigate the facts of the alleged work accident and identify witnesses and other factual support of the accident. With that documentation, he or she should be able to file a claim to appeal the denial. He or she should then file the claim and try and ensure that it goes through the workers’ compensation claims process.
An Attorney Could Help With Boston Workers’ Compensation Denials
Workplace injuries are covered under the law. This means that if you are injured while on the job, you may be entitled to workers’ compensation benefits. Unfortunately, there are certain circumstances which could make you ineligible for benefits. If your workers’ compensation benefits are denied, a skilled attorney could help you fight back.
It is best to speak to a dedicated lawyer who could help you understand the reasoning for Boston workers’ compensation denials and how to get them approved. Call today to learn more.