Can You Sue If You're Denied Workers Compensation?

Workers Compensation is not awarded to everyone injured in the workplace. If you are injured as a result of your work, not knowing what to expect can cause anxiety. You may ask, can you be denied workers comp? Can you sue to recover your medical costs and lost wages?

How The Workers Compensation System Works

The employer pays for Workers Comp to cover injuries that take place at work or that result from work performed. The employee benefits from medical care and wage compensation. Claims pertaining to the injury are processed through the workers compensation system and do not involve the employer.

As such, Workers Compensation Law prevents an employee from suing an employer for medical costs, pain and suffering, lost time, and any expense associated with the injury.

When Can You Be Denied Workers Compensation?

Your claim may be denied for a multitude of reasons:

You are at fault
Injury is not work related
Employer has insufficient insurance
Claim is misfiled
Insufficient documentation
Preexisting condition

When You Can Sue Your Employer

There are two cases in which you can sue your employer:

Your employer intentionally caused your injury.
The employer has insufficient workers compensation insurance to cover the cost of the injury.

Both cases require extensive documentation. Make sure you can effectively demonstrate that the employer was knowingly at fault or that you cannot be compensated through the workers compensation system.

Preparing To Appeal A Workers Compensation Case

If you choose to appeal the denied claim, there are several key components that must be collected in order to successfully contest a denied Workers Compensation claim. An employee must prove the following:

Injury requires medical care or time off from work
Cause of injury is work related
No preexisting conditions exist relating to the injury

The initial claim is dealt with by a claims adjuster. If denied and you appeal the decision, the Workers Compensation Board will review the case in writing, and through a hearing, to determine what action to take. If denied again, you can appeal the case and an appellate court will determine the final outcome.

Workers Comp Claim Denied? A Lawyer Can Help

When you are injured, this system can be particularly terrifying for the injured party. Do not attempt to navigate workers compensation on your own. If you can beare denied workers comp, make sure you consult a workers compensation lawyer to ensure you approach your case in the most effective manner.

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