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How An Employer Can Deny a Workers Compensation Claim

By October 9, 2020 November 9th, 2020 No Comments

Although employers are legally obligated to provide worker’s compensation to any employee who was injured on the job, there are some instances where the employer will deny a claim. Understanding how and why an employer can refuse to pay for treatment and recovery can help an employee understand what may happen in the aftermath of a workplace incident, regardless of severity.

What to Know About Alabama Workers Compensation 

The Alabama Department of Labor has specific rules in place that govern how worker’s compensation is administered in the state. The employer or insurance carrier will typically have a list of approved primary care doctors that an injured employee can see following an incident (unless emergency treatment is required).

Alabama also requires an independent medical exam (IME) by a third party physician that establishes the severity of the injury. From there, the employer’s worker’s compensation representatives will typically handle the direction of care and may even mandate additional, ongoing physician visits based on the care suggested. It’s wise to keep records of any and all visits and have an open conversation with the care team about the outlook for treatment and recovery. 

Top Reasons for Workers Compensation Denial

An employer may deny worker’s compensation for any of the following reasons:

-Claim was not reported in time (Alabama has a two-year statute of limitations)

-Injury is deemed non-compensable (many injuries related to mental health or stress are hard to prove)

-Medical treatment not required: If the injury doesn’t require medical treatment, worker’s compensation will not cover it.

-Not enough evidence that the injury is work-related: If there isn’t verifiable proof that the injury happened at work, it may not be covered. 

 

If you feel that your worker’s compensation claim has been wrongfully denied, you should know that there may be additional options open to you. The team at Bevill & Bevill has extensive experience helping Alabama workers recover damages and compensation for wrongful denial of these claims. To schedule a free consultation about your specific situation, call us today at (205) 221-4646.