ipl-logo

Why Workers Compensation Denial: Why It Could Happen To You

630 Words3 Pages

Workers’ Compensation Denial: Why It Could Happen To You
If you suffered an injury while working at your job it is possible to receive workers’ compensation to help pay for the damages. Do not assume that the only requirement for workers’ compensation is that the injury occurred at work, since there are several reasons why the workers’ compensation claim can be denied. Here are several reasons why a claim denial could happen to you.
Your Injury Was Caused by a Crime
Injuries can happen for all kinds of reasons at the work place. One situation that is impossible to anticipate is an injury caused by a crime being committed by a criminal while you are working. For instance, this includes injuries sustained from a criminal attacking you or …show more content…

You must follow these rules just like you would any company specific policies that have been put in place. Your employers is responsible many of the standards required for a safe working environment, but many OSHA safety regulations can be violated by employees that are careless. Your workers’ compensation could be denied if you are found to be responsible for violating OSHA regulations.
You Were Under the Influence of Drugs or Alcohol
Intoxication is an obvious reason that a workers’ compensation claim is denied. If it is suspected that you are under the influence of a substance, either drugs or alcohol, you may be required to take a drug test after the injury occurs. If you refuse this drug test then you could be refused workers’ compensation insurance. A drug test can clear your name of any wrongdoing when it comes to alcohol or drugs, so it is in your best interest to take a test if requested.
However, things get complicated when the injury was not preventable. You will need to work with a lawyer if you were under the influence while injured, but the injury happened due to reasons such as your employer not following safety protocols for a safe working

Show More
Related

  • Catherine Coyne Case Summary

    685 Words  | 3 Pages

    This also could have included shooting pain in both the arms and legs. I had the doctor confirm that he never received a history from the claimant of the discrete incident on 12/15/16. I tried to push the doctor off of his opinion on causal relationship, pointing out that there were two different histories of work related injuries but the doctor was insistent that it really did not matter because he felt this was really due to the claimant’s job. He said there might have been an incident that aggravated symptoms but he felt it was part of the heavy duty work the claimant was doing. The doctor did confirm that the claimant was released to return to work without any restrictions on 06/05/17 as he had an excellent result from his surgery.

    Read More

  • Adam Futrell Case

    301 Words  | 2 Pages

    Serving the Paducah Area in Injury Law, Employment Discrimination, and Whistleblower Protection. Nobody wants to need a lawyer, but when you’ve been injured or discriminated against at work, you want an injury and discrimination attorney who knows the law, cares personally about your case, and is committed to getting justice. Adam Futrell has spent a lifetime and built a career serving those who have been injured or need help. He has made a name for himself representing injured victims and workers.

    Read More

  • Jones And Farris Case Study

    1446 Words  | 6 Pages

    Driver involvement in personal injury or fatal motor vehicle accident; chemical test.(a) Any person who drives or is in actual control of a motor vehicle upon the public highways of this State and who has been involved in a personal injury or fatal motor vehicle accident, shall be deemed to have given consent to a breath test using a portable device as approved by the Department of State Police or to a chemical test or tests of blood, breath, or urine for the purpose of determining the content of alcohol, other drug or drugs, or intoxicating compound or compounds of such person's blood if arrested as evidenced by the issuance of a Uniform Traffic Ticket for any violation of the Illinois Vehicle Code1 or a similar provision of a local ordinance, with the exception of equipment violations contained in Chapter 12 of this Code, or similar provisions of local ordinances. The test or tests shall be administered at the direction of the arresting officer . The law enforcement agency employing the officer shall designate which of the aforesaid tests shall be administered. A urine test may be administered even after a blood or breath test or both has been administered.

    Read More

  • Hmam Case Study

    451 Words  | 2 Pages

    According to the e-book" If the medical biller determines that an illness or injury is potentially work related and therefore subject to WC insurance, the medical biller sends a letter with questions that will determine which party to bill for services. WC requires a Doctor’s First Report of Injury to be submitted before a case can be approved to be pursued through workers’ compensation insurance. Subsequent

    Read More

  • Joe's Role In The Civil Rights Case

    1393 Words  | 6 Pages

    OSHA obligations include other factors besides keeping your work site safe. A company must also meet certain reporting requirements, posting requirements, and recordkeeping requirements, and you must submit to OSHA inspections. For example, you must report fatal accidents to OSHA within eight hours of their occurrence. You must post an OSHA poster informing workers of their rights and obligations under the law. You must also keep records of your efforts to comply with the law and to prevent injuries and illnesses (OSHA).

    Read More

  • La Palman Injury Case Study

    1056 Words  | 5 Pages

    Dire Circumstances Call for a Strong Response After being involved in a serious incident, you really should find a dedicated and perseverant La Palma injury attorney to make sure that you get the compensation you need to prevent a financial disaster. All too often, people get underwhelming settlements when they try to handle things themselves. Only a professional plaintiff lawyer really knows the ins and outs of the legal process and how much more compensation you can get with solid advocacy. Injuries frequently require more medical care than just the immediate medical bills, but most insurance companies will try to settle on these costs alone.

    Read More

  • No Fault Car Insurance Essay

    432 Words  | 2 Pages

    If you sustained serious injuries, you have one year from the date of your accident to start your claim. That means your attorney would need to file the initial complaint as well as the summons within one year of the date of your accident. If you were involved in a car accident in Michigan, more than likely your injuries will be covered through your own insurance policy and you will not need to sue the other driver for payment of your injuries. You can only sue the other driver if you sustained serious injuries that exceeded your no-fault insurance

    Read More

  • Drunk Driving Case Defense

    340 Words  | 2 Pages

    Being faced with a criminal charge like driving under the influence can be extremely troubling. In addition to costly fines and penalties, those charged also run the risk of losing their licenses and possible jail time. A skilled DUI attorney is vital to mitigating the ill-effects of a drunk driving charge, which is why James F. Bogen, Attorney at Law remains a vital resource to clients all over Cincinnati. Experience is an important part of securing a reliable criminal attorney. To this end, James F. Bogen affords over ten years of experience in the field, including numerous cases involving driving under the influence.

    Read More

  • Texas Workers Compensation

    768 Words  | 4 Pages

    Some companies, like Home Depot and McDonald’s, exclude coverage of injuries caused by safety violations or failure to obtain help with a certain task. How about suing your

    Read More

  • DWI Conviction

    396 Words  | 2 Pages

    Unfortunately, not all drivers avoid driving after drinking too much. If you were hurt in an automobile accident because another driver was driving while intoxicated, an Odessa injury attorney can help. We encourage you to contact us to discuss the specifics of your

    Read More

  • R. Williams Construction Co. V. OSHRC: Case Study

    736 Words  | 3 Pages

    Even though working conditions are the responsibility of the employer, it is the job of the employee to practice and implement safe working practices. In order to determine if the company is responsible, a complete report including the employee’s actions should be considered. The incident could just be an outcome of employees not practicing safe working procedures. Whether the penalties are sufficient, that would depend on the outcome of a complete investigation of the

    Read More

  • Illegal Immigrant

    660 Words  | 3 Pages

    To give another illustration of workplace injury or accident, in the academic research I did, that discuss a case of three undocumented individuals that were physically and mentally injured. One of this individual is 28 years old, pregnant Martha Gomez. She works as a maid in a Los Vegas hotel. One day while working, she was brutally attacked by a stranger, who kept hitting and kicking her, crowded up in a fetal position Martha was typing to protect her unborn child. After the attack, Martha began to experience numbness, weakness on her body, depression and loss of memory.

    Read More

  • Law 421 Week 1 Memo Sample

    1383 Words  | 6 Pages

    3. Determine if there was another activity that the applicant participated in that could have caused the injury. I am pleased to say that I did determine the answers to these questions.

    Read More

  • Persuasive Speech On Drinking And Driving

    711 Words  | 3 Pages

    You can also lose your job from drinking and driving. Some bosses might think you're irresponsible and fire you. This can also lead up to future jobs. When you apply for a job and they check your record, their going to see you were in a drinking and driving crash and might not hire you if it’s a really bad crash. It's also going to be hard for you to apply and go to work since you lost your license, therefore you can't drive there.

    Read More

  • The Pros And Cons Of Drunk Driving

    770 Words  | 4 Pages

    Drunk driving is not something that happens occasionally. It happens everyday of the year. A lot of times, drunk driving victims aren’t the ones who have been drinking. They could be driving home from work one day and get hit by someone who has been drinking.

    Read More

More about Why Workers Compensation Denial: Why It Could Happen To You

Open Document