On-the-job injuries can put you in a rough financial situation. If you are injured and not able to work, the medical bills can quickly pile up. While seeking compensation can help relieve this financial stress, workers’ compensation claims are sometimes denied by courts.
Four common reasons workers’ comp claims are denied include:
- Not filing the claim on time. In New Mexico, the statute of limitations to file a claim for workers’ compensation is 15 days from the date of the injury. This means you have 15 days from the time you were injured to report the incident to your employer. If you fail to report it within this time frame, the court may decide to dismiss your claim, so it is important to file an accident report as soon as possible with your supervisor or employer.
- Not reporting the incident to coworkers and supervisors. If you incident was not witnessed by anyone, you should immediately tell others about it and file a written report. This can provide evidence that your injury actually occurred at work, even if no one else saw it.
- Not being honest in your accident report. If you accident report and medical records don’t match, there is a good chance your workers’ comp claim will be denied. While reporting your injury, it is imperative that you stay consistent and avoid telling your supervisor one thing and your doctor another.
- Not passing a drug test at the time of your accident. If you are injured and go to the hospital, and the initial blood tests reveal illegal drugs in your system, your claim will most likely be denied. If you are intoxicated by drugs or alcohol at the time of your injury, insurance companies will use this to avoid paying your claim.
If you are injured at work, it is important to document your incident, tell others, and file a written report to your supervisor as soon as possible. At Michael J. Doyle, Attorney at Law, our Albuquerque personal injury lawyers have represented hundreds of clients in workers’ compensation claims. From filing the claim to dealing with insurance representatives, we can walk with you along the way.
Call us today for a free case evaluation.