Friday, February 17, 2017

Case Closed? Why You Should Pursue a Lawsuit After Being Denied Workers’ Comp

Originally published by Robert Kraft.

Case Closed Why You Should Pursue a Lawsuit After Being Denied Workers' Comp

A Workers’ Comp claim denial can be a crushing blow. By the time a claim is denied, many missed work days and physical pain have taken their tolls. With tenacity and advocacy, a workers’ comp denial may not be the end of your case.

Insurance and Workplace Loopholes May Be Overcome
Every workplace maintains its own definitions of “on the job” and “job-related,” and uses these to scrutinize claims and avoid liability. Even more employers use insurance claims adjusters with experience in navigating the laws of each individual state for loopholes to deny claims.

Individual workers may be intimidated by these combined forces and give in to a claims denial. A lawsuit leaps over these forces and provides a fresh take on your case.

Workers’ Comp law experts such as Oxner + Permar, LLC partner with experienced workers’ compensation board certified specialists, to provide fair evaluation on if an attorney may help you. They can determine if employers respected all your rights within valid definitions, and their findings will help attorneys pursue litigation only for what you are legally entitled to.

Workers’ Comp is Calculated for Employers, Not Workers
Many factors affect the premiums employers pay for workers’ comp insurance and what employees receive if they need it. The size of the employer’s payroll is one factor. Another is employee classifications according to the presumed risk employers feel each particular job function entails. These classifications do not take into account a wider variety of injuries and scope of accidents employers cannot predict.

If the ultimate cost of damages inherent in the claim outweigh allowable levels for your employee classification, your claim can be denied. A legal claim overrides your employer’s classification system and serves you as an individual with equal legal rights.

Immeasurable Damages Must Be Recovered
A job injury or accident can cost much more than missed work and medical bills. These are calculable Economic Damages. They are all Workers’ Comp is mandated to consider. If an employer documents you had sufficient paid-time off and medical bill reimbursement, your case is closed in their eyes.

Depending on your injury, mental anguish and emotional distress can crush healthy areas of your life and affect other people who need you. A lawsuit is the only way to gain consideration for these losses and their consequences.

The journey from injury to claim denial is exhausting and time-consuming. Injured workers may fear retaliation for questioning a denial, or may feel a lawsuit against their employer guarantees a bad reference for future jobs. However, after a claims denial is time to summon the most strength. Your options are wider than you may think.

About the Author: Lizzie Weakley is a freelance writer from Columbus, Ohio. She went to college at The Ohio State University where she studied communications. In her free time, she enjoys the outdoors and long walks in the park with her husky Snowball. You can find her on Twitter at @LizzieWeakley and on Facebook at


Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.

from Texas Bar Today
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