This Is A Regular Occurrence
If you have been injured in a workplace accident, you may have attempted to pursue your own claim. You likely submitted a written statement to the employer and/or insurer, including copies of your medical records, and now you have been informed that your claim has been denied. Unfortunately, this is a regular occurrence and in most cases, itâs âbusiness as usualâ for the insurer to deny your claim.  The insurer cannot deny your claim in âbad faith.â However, what constitutes a âgood faithâ reason to deny your claim is less than most people would realize. An insurer can deny your claim for something as trivial as a disagreement about the amount of your pre-injury wage.
The most important thing you need to understand in dealing with a workersâ compensation claim is that you do not have to accept the employer or the insurance companyâs denial of your claim. Insurance adjusters routinely deny claims that are ultimately found to be compensable. You may have been told that your claim was denied because you âviolated a safety ruleâ (that no one ever told you about) or that you were not âwithin the course and scope of your employmentâ at the time of the accident. They may also state that they âcontest the nature and extent of your disability.â
Do Not Believe An Insurance Adjuster or Risk Manager
Do not believe a word an insurance adjuster or risk manager tells you about why your claim was denied. Most of the time, they have little to no objective evidence that will hold up to scrutiny. In short, neither the employer, nor the insurer, has the legal authority to deny your claim unilaterally. You always have the ability to hold them to account through legal process.
In Virginia, all workplace injury claims are ultimately decided by the Virginia Workersâ Compensation Commission. If you have been told that your workersâ compensation claim has been denied, do not accept defeat. There are many reasons why a workers’ compensation claim may be denied. Our experienced attorneys can assist you in filing a claim with the Virginia Workersâ Commission to force the insurance carrier to pay you the compensation you are entitled to. We will assist you in all aspects of your claim including collection of your medical records, preparation of answers discovery requests, and hearing preparation.
In Virginia, a claim for workersâ compensation must be filed within 2 years of the date of the accident. Failure to file a timely claim will bar your claim for compensation. If an insurance company or your employer is denying you workersâ compensation, call our office to schedule a free consultation. We will help you get the compensation you deserve.
