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What Do I Do if My Workers Comp Claim is Denied in Bentonville, AR?

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If you get hurt at work, the last thing you should have to worry about is your workers comp claim being denied. If the accident took place while you were on the clock, your employer should cover your injuries.

Employees in Arkansas are entitled to workers comp benefits as long as they meet certain criteria. If your injuries took place while you were working, you shouldn’t be left holding the bag. Your employer should cover the costs for your medical treatment. They should also provide replacement wages while you wait to return to work.

It can be very frustrating when your employer denies your workers comp claim. Your Bentonville workers comp lawyer will make sure your claim is handled properly from day one. They’ll deal with the insurance company and your employer to make sure you receive the benefits you deserve.

If your claim is denied, your workers comp attorney will help file your appeal. They’ll also try to negotiate with the insurance adjuster to get your claim paid. If this doesn’t work, they’ll have no choice but to file suit on your behalf.

How Do You Qualify for Workers Comp in Arkansas?

If you live in pretty much any state in this country, you’re entitled to workers comp benefits. These benefits are paid by your employer’s workers comp insurance company. All companies that employ more than three (3) employees are required to carry workers compensation insurance.

In order to qualify for workers comp benefits, you need to meet the following criteria:

  • You were on the clock at the time of your injury
  • The injury occurred while you were working
  • You reported the injury to your manager or Human Resources manager
  • You followed all your company’s policies regarding workplace accidents
  • You weren’t under the influence of drugs or alcohol at the time of your accident
  • Your injuries weren’t the result of some prior accident

As long as you meet these basic requirements, your claim should be approved. However, that’s not always the way it works. Some employers, or their insurance companies, deny claims based on their own reasons.

What are Some of the Reasons Your Workers Comp Claim Could Be Denied?

If your workers comp claim is denied, it’s probably for a good reason. Employers know they have to cover their employees’ workplace injuries. However, if they have reason to think your claim isn’t legitimate, they will deny it.

Some of the common reasons why your claim could be denied include:

  • You weren’t on the clock when the injury took place
  • You were doing something outside the scope of your employment
  • You were under the influence of alcohol or drugs at the time of your accident
  • They suspect the accident took place somewhere other than work
  • They suspect you were injured intentionally
  • You didn’t report the accident
  • You didn’t comply with the company approved doctor’s treatment recommendations

For example, let’s say you are a cashier at a retail outlet. Your job doesn’t include carrying deliveries in from vendors. One day, there aren’t any customers in the store so you decide to help the stock people. You lift a box that is too heavy and injure your back. You report the accident to your manager. You find out a week later that your workers comp claim has been denied.

In this example, your employer may claim that you weren’t acting within the scope of your duties. Since cashiers aren’t supposed to carry deliveries, it wasn’t foreseeable that you would suffer your back injury. Your Bentonville workers comp lawyer will appeal this denial. And, they’ll probably win.

Can Your Claim Be Denied if You Don’t Follow Doctor’s Orders?

One requirement with workers comp claims is that you have to be treated by a company approved doctor. There are few exceptions to this. Your Bentonville workers comp lawyer can argue that you need to see a specialist. However, for the most part, you need to see the doctor your employer chooses.

If your doctor tells you to come twice a week for physical therapy, you need to comply with his recommendation. If you refuse the therapy or don’t show up, your employer may terminate your benefits. They’ll argue that you aren’t doing everything required to recover from your injuries.

Your employer just wants you to get better so you can return to work. If you do things that delay this process, your claim can be denied. If this happens, your benefits will be terminated. Your Bentonville workers comp lawyer can try to get your claim reopened. However, it’s important that you comply with all treatment recommendations.

Contact an Experienced Workers Comp Lawyer in Bentonville, AR

If you’re hurt at work, you should be entitled to workers compensation. Call and speak with an experienced workers comp lawyer in Bentonville today. They can review your case and make sure you claim is handled properly.

Schedule your free initial consultation today. And remember – you pay nothing until you settle your case.

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