When you are injured on the job and approach your immediate supervisor about filing a Connecticut workers’ compensation claim it may initially get denied for a variety of reasons. Most employers will take each injury on a case by case basis and will not just deny your claim out of hand, but some will and you need to be aware of that.
If you have been injured at work the reasons you may be denied could include;
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Your employer claims that your injury did not happen while on the job
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An underlying pre-existing condition led to the injury or the injury IS the pre-existing condition
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There may be a reason for your employer to believe that you are not injured at all
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A medical professional may have examined you and concluded that you haven’t been disabled by your work injury
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The when and the where of the injury may be in dispute
Even though your claim may initially be denied that does not mean that you are ineligible for workers’ compensation benefits. Your employer is not the final arbiter of whether or not you receive benefits. As the worker you have the right to appeal any decision that is initially made by your employer to the Connecticut Workers’ Compensation Commission for review. During this process you may want to consult with a board certified attorney who can help you navigate the process.
When you have an initial determination from your employer that denies the claim you should feel comfortable in appealing the decision because they are not allowed to take retaliatory actions against you by law. Therefore if you file an appeal and you are granted benefits your employer will need to follow the commission’s ruling and not take any steps to limit your role in the company or fire you upon your return.
If you or a loved one were injured on the job and had your claim denied by your employer you may need an experienced and board certified attorney to review your case and help you navigate the appeals process. Contact our office immediately.