The frustration following a workers’ compensation benefits denial can be overwhelming. In addition, receiving a rejection from your employer can be disheartening and cause you to question whether you should continue to pursue compensation.
However, speaking with a Middletown workers’ compensation denial lawyer could help motivate you to fight for the benefits you deserve. Do not allow this initial setback to dictate how your compensation claim ends. Instead, contact a knowledgeable workers’ compensation representative at Doroshow, Pasquale, Krawitz, and Bhaya to learn more.
Receiving a Denial of Employee Benefits
For a workplace injury victim, informing an employer is a vital first step toward seeking compensation. In some states, written notice of an injury is mandatory. But unfortunately, reporting the injury to an employer does not always guarantee benefits.
Once an employee reports the injury, employers and their insurance carriers may deny the claim. Often, insurance carriers argue that benefits should not be awarded because an employee did not sustain the injury or disease at the workplace.
This defense can prove more complicated with occupational diseases. Rather than proving that the injury occurred while the employee was at a specific location, occupational disease cases require showing that the disease was directly related to a person’s job duties, such as inhaling toxic fumes.
In addition to arguing that an injury did not occur at work, employers and insurance carriers often state that a victim’s harm resulted from a pre-existing condition and did not result from job-related duties. This argument sounds logical but is not actually a defense under Delaware law so it is important for employees injured at the workplace to discuss the specifics of their case with a dedicated attorney in Middletown, as an aggravation of a pre-existing condition could still be covered by workers’ compensation benefits in certain circumstances.
Petitioning for Workers’ Compensation Benefits
If an injured employee cannot agree with their employer regarding benefits, they can still file a Workers’ Compensation Petition with the Delaware Workers’ Compensation Office.
Certain time restraints apply if an employee files a petition directly with the Delaware Workers’ Compensation Office. For example, if an individual is hurt on the job, they have two years from the date of that injury to file a petition for workers’ compensation benefits. However, if the compensation claim is related to an occupational disease, individuals have only one year from the time they discovered that the conditions of their workplace likely caused the illness. Therefore, it is vital that employees who choose this course of action reach out to an experienced benefits denial lawyer in Middletown.
How an Attorney Can Help with Workers’ Comp Denials
If an injured party files a petition for workers’ compensation benefits, a hearing will be scheduled before the Industrial Accident Board or a Hearing Officer. A hardworking attorney in Middletown can help workers navigate these hearings, as they often involve expert testimony from medical professionals. Given the fee associated with medical experts, it can be tempting to forego a lawyer. However, soliciting expert testimony can be difficult without a legal representative.
Likewise, the burden of proof in these hearings rests on the party who filed the petition. Therefore, injured employees must present evidence that meets the conditions for compensation rather than defending allegations.
Reach Out to a Middletown Workers’ Compensation Denial Lawyer Today
An experienced Middletown workers’ compensation denial lawyer can provide the expertise you need to succeed at a workers’ compensation hearing. In addition, the benefits provided through workers’ compensation can make a life-altering difference in your long-term care.
If your employer denied you your right to workers’ compensation benefits, reach out to our attorneys at Doroshow, Pasquale, Krawitz, and Bhaya for help today. By scheduling a consultation, you can take the first step in fighting for the benefits you deserve.
