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Common Reasons Why Your Fort Smith Workers’ Comp Claim May Be Denied

Workers’ compensation exists to financially support injured workers by paying their wages, medical bills, and more. But workers’ compensation insurance companies don’t always act in the best interests of hurt workers. The truth is, the primary goal of an insurer is to make profits. That provides a strong incentive to deny claims, even valid ones. If there’s a reason for an insurance company to reject your request for workers’ comp, it probably will.

These are some common reasons why workers’ comp insurers deny claims. If the insurance company refuses to pay, it’s time to talk to an Arkansas workers’ compensation attorney.

Reason 1: Not reporting an injury right away

Arkansas workers have ten days after a workplace accident to report it to their employer. Despite this time period, many employers believe their employees should report an injury right away. And if they fail to do so, some employers think the worker isn’t really hurt.

However, not all injuries are noticeable as soon as they happen. A worker may go home after an accident, believing he or she hasn’t been hurt. Or, perhaps, the worker believes they experienced only a minor injury that’s not worth getting workers’ comp involved over. The worker could actually be injured, but visit the emergency room first and not notify the employer yet. Regardless, an unethical employer may attempt to use this delay against the worker. That’s why you deserve to know your rights under Arkansas’ workers’ comp laws.

Reason 2: No witnesses to the accident

It’s one thing if several witnesses actually saw you get hurt on the job site. An employer would likely risk too much to try to deny the accident happened. It’s quite another story if you were hurt without witnesses. In a case like this, your employer could claim you made up the accident or exaggerated its severity.

Witnesses can certainly help your workers’ comp claim. But they are not absolutely necessary. Moreover, there may be other forms of evidence to substantiate what happened. Never assume there’s not enough proof that you were hurt on the job to file a claim. Talk with a skilled Arkansas workers’ comp attorney if your employer has refused to compensate you.

Reason 3: Problems with your medical records

As mentioned above, you do need evidence concerning your workplace injury, whether or not there were witnesses to it. This usually comes from your medical records. Unfortunately, not all medical records are particularly helpful to the accident victim.

For instance, the records may not mention a workplace accident specifically. Or there may be a discrepancy between those records and what you reported to your employer. Situations like these give the insurer an easy excuse to deny your claim, even though it’s legitimate. Make sure you give a detailed description of the workplace accident to your medical providers. Moreover, ensure your medical records thoroughly document the accident.

Reason 4: Thinking they can get away with it

One major reason the insurer may deny your claim is that it simply believes it can. Some insurers are quite aware of their responsibility for paying injured workers. But they believe the worker may not fight back. And, sadly, this is sometimes true. Not all hurt workers understand their right to appeal an unfair denial. Maybe a worker was even coerced not to “make a big deal out of it.” Either way, this saves the insurance company money while denying you fair compensation.

Don’t Let The Insurance Company Take Away Your Rights

That’s why it’s imperative to talk to an Arkansas workers’ comp lawyer if your claim has been denied. Were you hurt on the job? Is your employer or the insurance company playing games with your workers’ compensation? Call the Law Office of Jason M. Hatfield today.

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