Supporting my son

My son is currently on remand waiting trial. We have had a really tricky time over the last year learning about some of the things that he has been doing, but we want to make sure that we support him through the trial so that he can get a fair process. Having family on your side can help the prisoners to have an easier time at trial and can often help the lawyers to provide the strongest possible defence in court. This blog explains how family members can help to make sure that legal process goes smoothly and that the lawyers get all of the resources that they need.

Can my compensation claim be denied?

Law Blog

Workers' compensation is basically an insurance program that protects employees from injuries and illnesses that arise out of or in the course of their employment without the need to file a lawsuit against his or her employer or co-worker. Nevertheless, not all compensation claims are accepted, leaving the employee injured and unremunerated. Here are some of the reasons that may lead to the denial of a workers' compensation claim.

Covered employees

Workers' compensation can overlook specific industries from coverage. In other words, it doesn't necessarily insure every employee. For instance, a state may omit domestic workers, agricultural workers or seasonal workers from coverage. In the event that these individuals get injured during the course of work, they can file a claim under tort theory of liability and not under the workers' compensation system. Moreover, independent contractors are also normally omitted from coverage.

Failure to notify your employer

The injured employee must notify their employer about the work-related injury or illness as soon as possible. State laws often establish a time limit by which a worker should provide notice after being injured or discovering about the illness. Failure to notify your employer within the stipulated window period provides enough reason for your employer to deny your compensation claim. What's more, state laws may also dictate the form of notification that should be provided.

Not as a result of work

As previously mentioned, workers' compensation only insures against illnesses or injuries that are work-related. An employer can claim that the worker's injuries were not caused by work. Generally, the cause of the illness or injury has to be established prior to compensation. In most cases, an independent health examination will help establish the real cause of the injury or illness.

Premeditated actions

Workers' compensation is precisely meant to insure against negligent actions of employers and co-workers but not their premeditated actions. For instance, a claim that is based on the petitioner's self-inflicted injuries that he or she deliberately instigated in order to file a phoney claim may lead to eventual denial. Additionally, the petitioner's own stubborn negligence may be another reason behind the denial of the claim. For instance, if the worker intentionally violates safety rules or gets intoxicated during the course of work, the employer may use these grounds as a defence against any compensation claim.

In case your workers' compensation claim is denied based on the above-mentioned reasons, you have the right to lodge an appeal. Workers' compensation lawyers can help you file an appeal against the denial.


24 January 2017