Is Workers’ Compensation claim Guaranteed?
Published on:May 15, 2015

Is Workers' Compensation claim Guaranteed?Workers’ compensation is not designed to assign blame. However, with lawsuits, the outcome of the filed claim is influenced by the circumstances of an individual. Because workers’ compensation is a form of insurance, employees believe that it will come to their rescue whenever they file a claim. In fact, merely filing a claim form does not guarantee you the receipt of financial benefits. Your workers’ compensation claim might be denied for various reasons, including;


Believe it or not, after filing a claim, you may realize that your status as a worker is being challenged. If you are an independent contractor, your employer has no obligation to offer you workers’ compensation. As such, it is very easy for the employer to find ways to reclassify you as an independent contractor.

No Witness

The fact that you were injured on the job does not mean you are legible to get workers’ compensation. You have to prove that whatever you were undertaking at the time of the incident or injury was within the parameters of your job. For instance, if you fell off the ladder because you were dancing on it, the insurance company might deny your claim. Without a witness, the insurance company can argue that you were most likely doing something wrong when you got hurt.

Time Constraint

Like other lawsuits, workers’ compensation claim must be filed within an established time frame after the injury. In Staten Island, you will have to consult with your personal injury attorney to enlighten you on the set guidelines that dictate eligibility and statutes of limitation among other guidelines before filing workers’ compensation claim. Don’t wait to report that you got injured on the job. Even if you slipped on a wet floor and walk it off, but the next morning you realize you sustained an injury. The insurance company might think that you got injured somewhere else, but taking advantage of workers’ compensation to get paid by claiming it happened on the job.

Laid Off

Along the line of time constraints, you may be laid off between the time of the injury and when you finally recover to file your workers’ compensation claim. Although, there might be a number of reasons for the delay, the insurance company can decide that the claim you are making is a product of petty vengeance.

The Medical Records and the Injury Report Differ

When you get injured on the job, your personal injury lawyer needs to document an injury report of what happened. On the other hand, your doctor also needs to write everything about what happened in the medical report. As a matter of fact, the insurance company is going to cross check the two reports for any discrepancy. If you cannot say the same thing in the two reports, the insurance company may say that the story is fabricated and fails to compensate for the personal injury claims.

Personal Responsibility of the Employer

Not all work related injuries are covered under worker’s compensation. Some injuries are so vital that you can ignore the normal requirement of simply filing workers’ compensation claim. You can instead file a lawsuit to your employer through an experienced and skilled personal injury attorney. For instance, if you get injured because of the intention or reckless behavior of the employer, you can skip workers’ compensation and file a lawsuit to the employer.

Overall, filing workers’ compensation claim with the insurance company is very challenging. It is therefore important you do it with a personal injury attorney to get the compensation you deserve.