The Mississippi Workers’ Compensation Act contemplates a voluntary payment of disability and medical benefits for workers who are injured in the course and scope of employment. Unless there are clear reasons to deny compensability, work-related injuries are accepted as compensable. Examples of reasons an employer may deny a claim include: evidence that the worker was injured outside of work, evidence that the worker’s alleged injury was wholly the result of a preexisting condition, or evidence that the injured worker was engaged in horseplay, aggression, or was under the influence of drugs at the time of the injury. Often, claims are not accepted in a timely manner because the employer or workers’ compensation insurance carrier chooses to “drag out the claim” or out-wait the injured worker.
Understanding the frequency of workers' compensation claims denial and the factors contributing to these decisions can allow you to take the necessary steps to ensure a fair resolution.
Your Workers' Compensation Claim has Been Denied. What’s Next?
If your claim is denied, do not panic. You should request that the employer or insurance carrier provide a basis in writing for the denial or non-acceptance. If able, continue medical treatment and provide all medical information to the adjuster which supports that the treatment is related to the work injury you are alleging.
You should also not delay in hiring a Mississippi Workers’ Compensation lawyer, as you will need an attorney to assist you. Many times, hiring an attorney is the only way to ‘get the attention’ of the adjuster. Once a formal claim is filed by an attorney before the Mississippi Workers’ Compensation Commission, time deadlines are applied that force the adjuster to act appropriately in handling your claim. Your lawyer will assist in gathering medical records, forcing the adjuster to formally state the reason for denial.
How Our Workers' Compensation Lawyers Can Help
If your workers' comp claim in Gulfport, Mississippi was denied, do not lose hope. Ben Bowden, Attorney at Law, can help ensure that your employer and the workers’ compensation insurance carrier comply with their duties under the Mississippi Workers’ Compensation Act. We know the evidence you will need to compel the employer and insurance carrier to provide the benefits you rightly deserve. We understand the complex rules and regulations governing these claims, and we can spot improper denials immediately. We will build a solid case to prove your claim was wrongly denied according to the letter of the law.
Do not let an unfair denial prevent you from getting the treatment, income, and care you need.
Contact a Mississippi Workers' Compensation Attorney Today to Get Started
Workers' comp claims are denied more often than you probably imagine. The odds can seem stacked against you–but do not lose hope. With the help of a Mississippi workers' compensation lawyer, you have a good chance of getting the benefits you need and are entitled to.