Denied Claims

Experienced Workers’ Compensation Attorney In Council Bluffs

Injured employees count on workers’ compensation for their livelihood, so to have your claim denied can be a very stressful experience. Thankfully, a denial does not necessarily mean that you will be unable to obtain your benefits. Denials can be appealed, and if, after reviewing the reasons your claim was denied, you feel like the insurance company made a mistake or is acting unjustly, then you should pursue every available avenue to rectify the situation. We can help you do so and fight for the compensation you are owed.

My claim was denied. now what happens?

You missed the statute of limitations

In Iowa and Nebraska, a workers’ comp claim must be filed within 2 years from the date that the injury occurred or was discovered or it may be forever barred. Other deadlines can shorten or lengthen that period of time. Don’t take a change on missing these deadlines. Contact us today.

Your injury was never reported

You must inform your employer that you were injured at work while doing your job. You must so in Iowa within 90 days from when the injury occurred or when it was discovered. In Nebraska within a reasonable time following your injury. We tell clients to immediately report a work injury to their employer so this doesn’t become an issue for them. If you were involved in an accident but did not realize you were injured right away, you should still report the accident itself and keep a record of the exchange with your employer. It isn’t enough that the employer knows you have an injury, you must be certain they know the injury arose out of and in the course of your employment.

Your employer is challenging your claim

Employers have the power to interfere with the workers’ comp process by claiming that your accident was your own fault or that the company is not responsible. Most insurers first contact the employer before reaching out to an injured worker. They want to find out from the employer more about the circumstances of the injury. If the employer tells the carrier they don’t think you are really injured or that you got injured elsewhere, you may have to engage in litigation to resolve this issue. Your employer may claim certain defenses to say they are not responsible even if it did occur while doing your job. Defenses that can relieve the employer of responsibility are intoxication or horseplay. Intoxication with any substance is a defense to a work-related injury. Likewise, injuries that arise out of horseplay between employees while on the job is defensible.

Your injury does not qualify for compensation

Every state has different rules regarding when an injury eligible for workers’ compensation. The insurance company may try to deny your claim by claiming that the circumstances of your injury do not qualify for compensation under Iowa or Nebraska law. Call us to learn more.

You did not receive medical treatment

It is important that you receive medical treatment for your work-related injury. If there are no medical records and documentation of an ongoing injury, the insurance company can claim that there is no evidence that your injury was of a serious or permanent nature. When you hire us, we will work with you to obtain your medical records. If you have not had care or sought care for an injury, there is nothing that can be pursued.

You left your job before you filed your claim

You can usually still file for workers’s comp after you leave your job (whether you quit, were laid off, or were fired), but it can be more difficult to prove your claim. You need a skilled lawyer to help you in these complex situations. Call us.

Keep in mind that any of these reasons for denial can often be challenged, even the ones claiming you missed deadlines. There are countless situations that can lead to a workplace injury; there are no laws that can comprehensively cover every circumstance. Our workers’ compensation attorney in Council Bluffs can help people in Iowa and Nebraska appeal the denial of their claim.