Nashville, Tennessee, has a workers’ compensation system for injured employees. So, wounded or sick workers can get compensation for their injuries. All you need to do is report your injury to your employer. Then, you can get medical and other benefits. An excellent Nashville workers’ compensation attorney can ensure you get the maximum benefits.
Unfortunately, though, some employers can deny your comp claim. When this happens, it can significantly complicate your chances of recovering compensation. So, it is vital to know the possible reasons for which your employer may deny your compensation claim. This way, you can escape a claim denial. Finally, a Nashville workers’ comp lawyer can help you fight a wrongfully denied compensation claim.
Possible Reasons for a Denied Nashville Workers’ Compensation Claim
Business owners can deny workers’ compensation claims in bad faith. However, there are many valid reasons for a comp claim denial. Below are the top reasons for which your employer can deny your compensation claim.
The first step to a successful workers’ comp claim is reporting your injury to your employer. It’s this official report that starts the workers’ comp process. Notably, Tennessee law mandates that you report your injuries within a specific period. So, you have only fifteen days to notify your employer of this injury.
Suppose you miss this deadline, you may lose your right to damages. Your employer may also use this as an excuse for denying your claim. The law may even be on their side in case of such denial. Therefore, it’ll be best to ensure that you quickly report your wound or occupational disease to your employer.
Pre-Existing Injuries or Conditions
An employer may also deny your claim because of a pre-existing injury. This is because your employer may claim that your injury is because of an older wound. Again, insurance carriers can investigate your medical history. If they see an older, related injury, they can argue that your work injury didn’t really occur at work.
Not all injuries are compensable under Tennessee workers’ compensation. Instead, the injury must have occurred in the course of employment. That is, your accident must have happened while you were performing an official function. For example, suppose you sustained the injury during social or personal activities. Then, your employer can deny any resulting compensation claim.
Misconduct can be a ground for losing workers’ comp benefits. Indeed, the workers’ comp system isn’t fault-based. However, in some instances, your conduct may be justification for denying your compensation claim. Such bad behavior would include:
- Disobeying safety rules and regulations
- Disregarding safety gear and equipment
- Engaging in dangerous activities that aren’t related to your employment
- Working under the influence of drugs and alcohol
In some cases, workers intentionally inflict wounds on themselves. When this happens, your employer will most likely reject your compensation claim. This is because the law generally wouldn’t let people benefit from their intentional wrongs. Therefore, you’ll be unable to recover any medical benefits or other forms of compensation.
The Severity of Your Injury
Employers and their insurers may also question the severity of your wounds. If they claim your injuries aren’t severe, they can deny you compensation. However, suppose they don’t deny you comp benefits. Then, they can reduce your benefits or settlement amount.
That’s why it’s best to see a medical doctor immediately after a work-related injury. An excellent doctor can help ascertain the extent and severity of your wounds. Your medical records can then serve as crucial evidence during the compensation process.
Returning to Work
Some employees return to work immediately after their injuries. Sometimes, they may resume working after a while. This is a terrible move because your employer can claim that you’re fully recovered. The assumption is that if you’re fit to return to work, you aren’t severely injured. Therefore, it’ll be best to wait until you fully recover before resuming at work. In fact, early resumption can hinder your recovery process.
Nashville Workers’ Compensation Attorneys Can Get You the Benefits You Deserve
Have you sustained a job injury or occupational disease? Then, you may be eligible for Nashville workers’ compensation benefits. First, however, you’ll need the best Nashville workers’ compensation attorneys. Do you think your employer has wrongly denied your claim? If so, this is the reason for hiring a lawyer.
Our lawyers have several years of experience with workers’ compensation cases. We also have a great track record of winning excellent benefits. If you call us, you can rest assured of the best results for your claim. Therefore, it’ll be best to contact us today for a FREE consultation.