Denied Workers’ Compensation Claims
Turn to Our Hartford Workers’ Compensation Lawyers for Help with Your Appeal
In Connecticut, workers’ compensation insurance is mandatory for most employers. When an employee is injured on the job or while carrying out any duties that benefit their employer in any way, that employee is eligible for workers’ compensation benefits. There are very few exceptions to this, yet, employers and their insurance companies often deny workers’ compensation claims.
If your claim was denied, you have options. The Connecticut workers’ compensation system has processes in place for those who wish to appeal a denied claim. However, appealing your claim can be difficult and confusing. You will be required to attend at least one hearing and may be required to present evidence supporting your claim at a formal, trial-like hearing. It’s important that you work with a knowledgeable and experienced attorney who can help prepare you for these hearings and guide you throughout the process.
Why Was Your Claim Denied?
There may be any number of reasons your workers’ compensation claim was denied. Some of these reasons are valid, while others are not.
Some common reasons an employer or employer’s insurance company may deny a workers’ compensation claim include asserting that:
- You Are Not Eligible for Workers’ Compensation: If you are a household employee who works less than 26 hours a week or if you are an independent contractor/freelancer, you are not covered by workers’ compensation in Connecticut. If you believe you have been misclassified as an independent contractor, contact our firm for legal guidance.
- Your Injuries Are Not Work-Related: If your employer or their insurance company believes your injuries are not work-related, they will deny your claim. Your injuries/illness is only covered if it occurred while you were working, but this does not necessarily mean that you have to be at your physical workplace when the injuries/illness occurred.
- You Have a Pre-Existing Condition: Your employer may argue that your injury/illness was a pre-existing condition and, therefore, is not covered by workers’ compensation. You will need to show that your injury/illness was the result of your work-related duties or a work-related accident in order to recover workers’ compensation benefits.
- Your Own Unlawful/Dangerous Conduct Led to Your Injuries: Your employer may try to argue that your own conduct led to your injuries. They may claim you were intoxicated or were behaving recklessly, which led to your injuries. They may also try to say that you were engaging in dangerous behaviors that fell outside the scope of your work-related duties.
- You Missed the Deadline to File: In Connecticut, you have one year from the date of your work-related injury or three years from the date you were aware that your injuries/illness were work-related to file for workers’ compensation. If you miss the deadline or if your employer/employer’s insurance provider tries to question the date of injury, they may deny your claim.
- You Made Mistakes on Your Claim Form(s): Making mistakes on your actual workers’ compensation claim, including any of the forms required, could result in a claim denial. To avoid unnecessary delays, we recommend that you work with an attorney to ensure that you do not miss any important information or make any errors on your claim.