- The problem of proof. Someone who discovers an injury or disease after leaving a job will need to prove that it was related to a specific job and not some other cause. Insurers are likely to deny claims for injuries that are not clearly tied to a work-related incident. Proof can be especially challenging in cases of slowly developing disease, like cancer. Even if the sick person was exposed to a carcinogen at work, the insurer likely will argue that the cancer could have been caused by something else and therefore isn’t covered.
- Lack of cooperation from the former employer. Related to the issue of proof is the former employer’s potential lack of interest in the case, or worse the employer’s unavailability due to no longer being in business. Quite often the details of a work-related injury need to come from the employer itself. If the employer no longer is in business, or key witnesses are no longer working there, gathering all the necessary background information may be more difficult.
- Technical errors. The workers’ compensation system is highly regimented with tight deadlines and specific procedures that must be followed to receive benefits. Insurers seize on technical violations to deny claims. Seeking coverage for an illness or injury after deadlines have passed may give an insurer the excuse they need to deny the claim. Although a technical fault may not mean the end of the claims process, it may mean starting a dispute with the insurer.
Someone who has suffered a work-related injury or disease ideally gets covered by an existing employer’s insurance. But injuries and diseases are not always immediately obvious, even if their cause is clearly work-related. Sometimes the need for insurance coverage only comes up after leaving the job where the problem arose. In such cases, the individual’s current employer (assuming the individual is still working) may not be responsible for providing workers’ compensation coverage for the problem. Instead, the injured person may need to seek compensation under a former employer’s insurance. Such cases involve a number of challenges that are best addressed with the help of a workers’ compensation attorney. Here are a few examples of the kinds of challenges the injured worker can expect to face: