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Law Office of Kathleen Grace Walsh

Why Your Virginia Workers’ Compensation Claim Could Be Denied


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11/27/2012
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Imagine this: You have been hurt at work in Prince Wiliam County, Fairfax County, Stafford County or Loudoun County. You know that workers’ compensation is available to give injured workers financial support after a workplace injury. While you know that your injury happened at work, your workers’ compensation claim has been denied.

Unfortunately this is not an uncommon occurrence for many people. For this reason, many people seek legal assistance to help them navigate through the frustrations of dealing with the insurance carrier and to provide them assistance in filing a claim successfully.

At the Law Office of Kathleen Grace Walsh, one of the first things we teach clients is the list of common reasons why claims are denied. It is important to keep this list in mind, so that when you are filling out your paperwork, you have a better idea of what the insurance companies are looking for.

Here are a few of the most common reasons for Virginia workers’ compensation claim denials:

  • The injury did not happen on the job. If you cannot pinpoint a specific incident when your injury happened and what you were doing when you first felt pain your employer’s insurance company can determine that your injury happened gradually or that you were injured outside of work. The result? DENIED BENEFITS!
  • You were under the influence of drugs or alcohol. This is difficult to prove, but if you were tested immediately after your work injury in Virginia for drugs or alcohol and the test came back positive, the insurance company may reject your claim. The result? DENIED BENEFITS!
  • Your injury did not arise out of your work. You can only be compensated if the injury occured as a result of a risk that was associated with your work.  As an example if you are walking in a hallway at work and fall unless you can associate the fall with a risk of your employment the insurance may reject you claim.   The result? DENIED BENEFITS!
  • Your accident was not reported in a timely manner. Generally you have 30 days to report your injury to your employer, but you should report your injury as soon as possible. If you take too long, YOUR BENEFITS CAN BE DENIED!

If you have been hurt at work in Prince William County, Loudoun County, Fairfax County, Stafford County or any other area in Virginia, you have rights. Denied claims can be appealed. Still, without your paperwork filled out properly, you risk having your Virginia workers’ compensation benefits permanently denied. To get help, contact our offices at 703-491-2233 to learn more about what we can do to help you get the benefits you deserve.



Category: Workers’ Compensation

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