What Can I Do About a Workers’ Compensation Denial?


The majority of employers are required by law to offer workers’ compensation benefit insurance to their employees across the United States. Workers’ compensation programs are intended to help protect workers from enduring financial hardships after an accident that happened in the workplace. When it has been reported than an employee was injured on the job site, the employer’s insurance company reviews these claims and decides whether they are approved or denied. 


Unfortunately, many workers may be wrongfully denied benefits, leaving them unsure of how their going to get the care they need. Here we have answered some of the most common questions people have about handling a workplace injury:


What am I supposed to do after an accident happens at work?

If you were injured at work and your employer carries insurance for workers’ compensation, then you have to respond promptly by notifying your direct supervisor on shift at that time. If you need emergency medical care, call 911 to get help immediately. If an accident happened but you aren’t sure yet whether you have sustained an injury, it’s still crucial that you inform your employer the very same day. 


What documentation will I have to fill out for workers’ compensation benefits?

After reporting the incident to your supervisor, he or she will likely ask if you need to be seen by a doctor. You should say yes if there is a chance you are hurt. Some employees may wait a few days to file a workers’ compensation claim to see if any symptoms arise, but it’s important that there aren’t any delays. Your employer will give you documents to complete. You may be asked about symptoms and wounds along with a statement of how the accident occurred through your perspective. Stick to facts and be sure to not leave out any pertinent details.

What reasons would the insurance company deny my claim?

Every state has their own set of workers’ compensation laws. However, regardless of where you live there are sure to be deadlines for when you have to submit your claim after the accident. To avoid being denied due to filing late, report the injury the same day and follow up with your employer about the status of your claim. Sadly, some employers may try to tamper with the application on purpose, to prevent losing money (especially if the workers’ injuries were severe and costly).

What is the key to remember is that just because you were denied once, doesn’t mean you can’t fight it with help from a workers compensation attorney in Long Island who has worked on workers’ compensation cases before. The reasons for a denial may be legitimate or just an excuse, such as: 


  • Failing to inform your employer of the injury accident within a timely manner.
  • Reporting the injury but failing to turn in the workers’ compensation claim documentation completely (the application should be free of errors and not have any blank sections).
  • You weren’t actually on the job site (or performing a job-related duty while traveling for work) when the injury happened. 


Thanks to Polsky, Shouldice & Rosen, P.C. for their insight into workers compensation and denied claims.