What excludes you from workers’ compensation?
There are several reasons you may be denied workers’ compensation. Some of the most common claims in the workplace leave employees confused about the proper course of action. When it comes to workers’ compensation benefits, an employee must take the course of action outlined by the employer’s company policy.
You could be denied benefits under these circumstances:
1. You were not actually injured on-the-job.
Injuries incurred before or after work are not covered by workers’ compensation, even if they interfere with your ability to do your job. However, you may still be protected by the law. The Americans with Disabilities Act requires that employers make a “reasonable accommodation” to help qualified employees do their jobs. This applies to a case where an injury that occurred outside the workplace interferes with your ability to perform your job duties but does not provide a means for medical backpay for time missed as the result of injury.
2. You went to the wrong doctor.
The employer’s insurance carrier usually selects the doctor/s you are permitted to see. If you were seen and/or diagnosed by a doctor outside the specified worker’s compensation network of your employer, then there is a possibility that this claim must instead be treated by the care provider appointed by the company. Therefore, it’s important to report the issue to your employer and seek a care provider within the employer’s insurance network.
3. You didn’t fill out the right paperwork on time.
A workplace injury must be reported to the employer within a 30 day statute of limitations, and after this, the workers’ compensation claim must be filed within two years. It’s up to the employee to provide specific details and seek an immediate medical evaluation outlined by company policy. Even if you do successfully file for workers’ compensation, your employer might interfere with your rightful actions or retaliate against you.
Such behavior is illegal, and the attorneys at Wenzel Fenton Cabassa have seen this time and time again.
If you think your rights under workers’ compensation are being violated, seek the advice of a qualified attorney. The employee rights and employment law attorneys at Wenzel Fenton Cabassa, P.A., are steadfast advocates for workplace justice. Contact us today.
Check out a newer blog about an increase in worker’s compensation rates.
Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.