Michigan Workmans' Compensation Attorneys
Why Your Workers' Comp Claim Was Denied
People who suffer on-the-job injuries in Michigan are often denied workers’ compensation benefits despite the fact that they are eligible according to state law. Employers and their insurance companies will look for every reason to deny claims, even though they are required to cover medical treatment and provide other benefits to their injured workers. It’s a money-saving strategy that may be understandable, but it’s not acceptable.
We have compiled a list of some of the most common reasons that insurance companies deny workers’ comp benefits to deserving employees. We encourage you to look to this list for guidance, but also to consult with a skilled Michigan workers’ compensation attorney if your claim has been disputed. There may be more to your denial than meets the eye.
Call The Stroble Law Firm at (888) 454-0801, or contact us online for a free consultation. Our Michigan attorneys have extensive experience handling workers’ compensation denials and are prepared to defend your rights throughout the entire appeals process. If we do not win your case, there is no fee for our services.
Based in Bloomfield Hills, The Stroble Law Firm represents clients across Michigan, including Macomb County, Oakland County, Warren, Clinton Township, Sterling Heights, St. Clair Shores, Mount Clemens, Utica, Roseville, Troy, Farmington Hills, Waterford, Southfield, Pontiac, Birmingham, Rochester Hills, West Bloomfield and Bloomfield Hills.
Top 5 Reasons Why Michigan Workers’ Comp Claims Are Denied
Receiving a notice of dispute of your workers’ comp claim can be discouraging. The key way to avoid a dispute is to be vigilant about pursuing a workers’ comp claim as soon as possible and to make sure that you have followed all of the required steps towards a successful claim. That way, insurance companies will have a harder time justifying a denial.
Here are the Top 5 reasons that comp claims are denied:
- You did not file within the state’s time limits: In Michigan, you have 90 days to report an injury to your employer, and a claim must be filed within two years after the date of injury.
- You did not receive medical treatment for your injury: Just like everything in a legal case, you need to be able to prove that you sustained an injury at work. If you were injured and just took a few days off work to rest instead of visiting a doctor, you open the door for an insurance company to dispute your workers’ compensation claim.
- You went to your own medical provider first: Under Michigan’s workers’ compensation laws, your injuries must be evaluated by a physician approved by employer’s insurance company. If you visited your own doctor before making a claim, the insurance company may argue that you did not follow proper protocol and may deny your claim. However, you are allowed to see your own doctor after 10 days.
- You were not injured in a work-related capacity: Many people who work in a central office location still perform errands or job-related tasks off-site. If you are injured while driving your car to perform a work duty (such as picking up a shipment or mailing a letter) and get into an accident, your injuries are likely compensable under workers’ comp laws in Michigan. However, insurers often try to bar these types of claims by saying your accident occurred while you were doing something outside the scope of your employment.
- You have a preexisting condition: This is one of the most popular justifications that employers and insurance companies use to deny workers’ comp benefits, particularly when it comes to back or neck injuries. You must prove that your workplace injury is “medically distinguishable” from your other existing condition(s).
How Can a Workers’ Compensation Lawyer Help Me?
The advantage of consulting with a workers’ compensation attorney is that you will meet with someone who has not only a detailed understanding of Michigan’s workers’ compensation laws, but also about the current trends in how the laws are interpreted and decided by appeals magistrates and judges. An attorney can examine your claim armed with that extra knowledge and provide you with a sound legal opinion about your best chances for beating the denial.
Contact Our Michigan Lawyers Today
Let the attorneys at The Stroble Law Firm fight the insurance company’s denial of your workers’ compensation benefits. When you meet with our attorneys, you can rest assured that your case is in the hands of knowledgeable practitioners who know the law and will use it to advocate aggressively on your behalf.
Call The Stroble Law Firm at (888) 454-0801 or contact us online for a free consultation. If there is no recovery in your case, there is no fee for our services.
