Missouri’s workers’ compensation law exists to protect employees financially after suffering a personal injury in the workplace. After experiencing a workplace accident, the first thing the employee should do is report the accident to their supervisor and file a workers’ compensation claim. This brings us to a pertinent question: can your workers’ compensation claim ever be denied?

There are only a few specific circumstances that can cause a workers’ compensation claim to be denied. Let’s dig into some of the most common reasons workers’ compensation claims are denied.

If the workplace accident occurred either because of or during activities that were inappropriate or unrelated to work tasks, then the workplace injury claim can be denied. Below are a few examples.

  • The employee was doing something illegal.
  • The employee was engaged in a social or recreational activity on the job.
  • The employee was intoxicated.
  • The employee was traveling to or from work.

A workers’ compensation claim can also be denied if the employee was doing something that is against the company’s rules or policies. Other reasons a claim can be denied include as follows.

  • The workers’ compensation claim was incomplete or filled out inadequately. This is where having a workers’ compensation attorney comes in handy!
  • The employer may not be required to provide coverage. This can be the case if the employee is considered a contractor, or if the employer has fewer than five employees in which case workers’ compensation insurance is not legally required.
  • The personal injury is not work related.
  • The employee was intentionally trying to harm themselves or others.

What Can I Do After My Claim Has Been Denied?

What if you feel your workers’ compensation claim was wrongfully denied? There are essentially three courses of action that can be taken.

  • You can file a Request for Review with the Missouri Division of Workers’ Compensation within twenty days of receiving the denial notice.
  • You can utilize the Dispute Management Unit offered by the Missouri Division of Workers’ Compensation.
  • Seek legal assistance.

Seeking help from a workers’ compensation attorney is the best way to handle a denied workers’ compensation claim because these personal injury lawyers are fluent in legal jargon. They are also familiar with the required forms, deadlines, and other requirements needed to appeal the denial.

How Can You Prove Your Workers’ Compensation Claim? 

There are a few key elements that need to be proven for your workers’ compensation claim to be accepted. These elements are as follows.

  • The workplace accident occurred.
  • The workplace accident happened in the workplace.
  • The workplace accident happened during scheduled hours.
  • The workplace accident resulted in a workplace injury.

So the question still remains – how can these things be proven? Your workers’ compensation lawyer can help you prove your workers’ compensation claim by gathering and presenting evidence such as…

  • Medical records.
  • Time punches.
  • Security footage.
  • Eye-witness testimony.
  • Expert testimony.
  • Receipts
  • Correspondence.
  • Photos of the personal injury.
  • Workplace accident

How Can A Workers’ Compensation Lawyer Help?

In addition to going over your workers’ compensation claim with you and gathering the necessary evidence to prove your claim, your workers’ compensation attorney can help you with a variety of things throughout the legal process, including but not limited to the following.

  • Guiding you through the workers’ compensation process.
  • Protecting your rights as an employee.
  • Calculating the financial value of your personal injury.
  • Handling negotiations for a fair settlement that covers all of your workplace injury related expenses such as prescriptions, medical treatment, lost wages, and future injury related expenses.
  • Ensuring that the correct legal forms are filled out properly and submitted by legal

The majority of Missouri employers are legally obligated to have workers’ compensation insurance in order to protect their employees financially from workplace injuries. Don’t hesitate to claim what is rightfully yours after a workplace accident.

If you have suffered a personal injury on the job, contact The Hines & Wilson Law Firm as soon as possible to schedule your no-cost initial consultation. During your legal consultation, you will receive free legal advice from an experienced and compassionate Columbia workers’ compensation lawyer near you. Help us help you, and we’ll fight for the compensation you deserve!