Your Worker's Compensation Claim Questions Answered

23 September 2019
 Categories: Law, Blog


Finding yourself injured as a result of your work can leave you in a precarious situation as you may be unable to work but unable to miss work to seek treatment. Worker's compensation policies are designed to help minimize this particular risk to workers by ensuring that they will be able to receive medical care for any injuries that they may incur while on the job.

Should You Expect To Have To Sue Your Employer Directly?

It is often assumed that you will have to directly sue the employer during a worker's compensation claim. However, it is more common for these claims to be handled entirely by the insurance that issued the worker's compensation policy to the employer. As a result, it is common for employers to refer injured employees to the insurance to start and finish the process of filing a claim. This can avoid the costly and lengthy lawsuit that may follow if you are forced to take legal action against your employer.  

Does Your Own Insurance Impact Your Worker's Compensation Coverage?

Immediately after sustaining an injury, individuals will often seek treatment on their own, and they may utilize their own insurance to be able to see a healthcare professional. Due to the fact that they used their own health insurance, some individuals may assume that this will bar them from being able to file a worker's compensation claim. However, it should be noted that the protections offered by your own personal insurance are considered separate from the protection offered by worker's compensation. As a result, it is entirely possible to continue pursuing a worker's compensation claim even if you used your own insurance to seek initial treatment.

Are There Factors That Could Cause Your Workplace Injury Claim To Be Denied?

Generally, the majority of worker's compensation claims will be approved by the insurance, but there can be reasons for individuals to have their claims rejected. One of the most common reasons for this will be due to drug use. After an accident, an employee can expect to be drug tested as part of the claims process. In addition to looking for signs that the employee is currently under the influence, these tests will also look for signs of a history of drug use. In most instances, failing this drug test will result in the worker's compensation claim being denied with few options for appeal. For this reason, workers should always make sure that they are abiding by their company's drug use policies.

Contact your workers' compensation attorney for more assistance.