When you suffer a job-related injury or illness, your health insurance does not pay the bills. Instead, your medical bills and lost wages are covered under your employer’s workers compensation policy. However, the insurance companies representing the employer might deny legitimate benefits, and affected workers do not know where to turn. The personal injury and workers’ comp law firm at Rutter Mills can help you receive the benefits you deserve for your injury.
If you are an employee and were injured on the job, you should be eligible for benefits. However, an injury occurring on your way to and from work is generally not considered work-related. If the injury during your commute involved a motor vehicle, you should contact a workers’ compensation lawyer.
Workers’ compensation benefits denial
Any self-inflicted injuries, as well as those arising from the use of drugs or alcohol, reckless or criminal behavior, are not covered under workers compensation. However, benefits are also denied if the strict reporting process is not followed. This involves:
- Failing to notify the employer– While it is important to notify your employer about the job-related injury as soon as possible, not doing so in writing within 30 days means you could lose your benefits.
- Failing to file the claim promptly– Under state law, injured workers have two years from the injury date, or the date of diagnosis in case of illness, to file a claim with the Virginia Workers’ Compensation Commission. Missing that deadline means the claim cannot go forward.
- Failing to follow doctor’s orders– If the doctor recommends treatments and the patient fails to follow them, or if the injured party cannot prove to the employer’s insurance company that they are following recommended treatments, benefits are often denied.
It is not uncommon for the insurance company to deny benefits by alleging the injury was a pre-existing condition. Workers’ comp lawyers will protect your rights aggressively in such situations, as pre-existing conditions aggravated by the injury are often covered under workers compensation.
It is illegal to fire an employee for filing a workers’ compensation claim. An employer may know that such a termination is illegal, so they might retaliate against a worker by cutting their hours or demoting them. Some workers do not report workplace injuries or illnesses because they are afraid of getting fired. Any worker finding themselves in such a situation should seek legal counsel immediately.
Contact Franklin workers’ compensation lawyers
If you or a loved one were injured while on the job and are experiencing issues receiving benefits, the workers’ compensation attorneys at Rutter Mills can help. Call us 24/7 or contact us online to schedule a free consultation. For 50 years, our dedicated attorneys have helped hard-working employees dealing with workplace injuries. There is never a fee unless we win.
When you’ve been injured, you’ve got a lot at stake - but so does the insurance company. Walking into the court room with a serious lawyer makes all the difference. Watch our video to learn more about Rutter Mills. Your lawyer matters.
“Nothing makes you feel more vulnerable than being hurt or ill. And nobody likes to ask for help. But when you need it most, we’re at our best. We give our clients the confidence and support they need to know they’ll be taken care of – that they’ll get the best outcome possible, even in the face of a very bad situation.”
– Brother Rutter