You wouldn’t be the first injured worker to think you have “a sure thing” on your hands with a workers’ compensation claim.
As a form of insurance taken out by employers, workers’ compensation provides financial remediation (and peace of mind) to people who are injured in the course of performing their job duties. Like personal injury lawsuits, workers’ compensation claims must be handled with skill, care and caution because claims adjusters can – and do – reject workers’ compensation claims.
The most accomplished work injury attorneys in Las Vegas, at Greenman, Goldberg, Raby and Martinez, warn there is “no sure thing” with these claims, especially when:
1. The Employer is Not Notified of the Injury
Employees must notify their employer of an injury immediately – no matter how minor or insignificant it may seem at the time. Some workplace injuries “start small” and escalate within a day or two. Prompt notification of any type of injury reduces the risk of an employer casting doubt on the credibility of a claim – and triggers the inevitable flow of paperwork that must follow.
2. There was a Delay in Seeking Medical Treatment
The shadow of doubt can grow darker over a workers’ compensation claim when a worker postpones (or fails to seek) medical treatment. There may be good reasons to do so: A worker may not be able to secure an appointment with a physician; assume the injury will improve on its own; or think they need permission from the employer first. Rather than jeopardize a legitimate claim, work injury attorneys know, seeking medical treatment as soon as possible is tantamount to a successful claim.
3. The Filing Limit Passes
Time is of the essence with the actual filing of the claim, too. Nevada state law gives injured workers 90 days from the day of the injury to file. But pushing the deadline to the limit can cast another shadow over a claim, causing an adjuster to question what took so long. Work injury attorneys strike a balance between thoroughness and expeditiousness.
4. A Discrepancy Exists Between the Accident and Medical Reports
Some discrepancies can be explained; they might be the result of a simple oversight. But discrepancies that cast serious doubt on the assertions in the original accident report are a different matter. Injured workers must report all their symptoms and keep the narrative of their injury consistent.
5. Medical Testing Reveals the Presence of Alcohol or Illegal Drugs
There is no surer way to derail a workers’ compensation claim than for a responding physician to find alcohol or illegal drugs in the system of an injured worker, no matter how serious the work-related accident.
Contact Work Injury Attorneys in Las Vegas
These are some of the most common reasons why workers’ compensation claims are denied. There are many more. The most skilled and experienced work injury attorneys in Las Vegas at Greenman, Goldberg, Raby and Martinez know there is no such thing as “a sure thing” when it comes to a workers’ compensation claim. You may not be able to avoid them all, but we can certainly give you the benefit of the best legal counsel in Nevada when you call us at 702-388-4476 for a free consultation.