What Happens When A Connecticut Workers’ Compensation Claim Is Denied?
Most of the time, when you are injured on the job, you expect that you will be able to receive care under your employer’s workers’ compensation insurance coverage. However, sometimes a valid claim may be denied due to mistake or due to your employer’s insurer doubting the truth of how you were injured, among several other reasons. Having your claim denied unfairly can be terrifying, and it is a good idea to contact an attorney if this happens to you.
There are many different reasons why a claim might be denied by the Connecticut Workers’ Compensation Commission. Perhaps the most common is missing information or error, which can result in delays or denials. It may seem unfair that one small mistake can result in a denial, but expediency is the general watchword for the Commission. Another common reason for denial is that either your employer or their insurer does not believe your story of how your injury occurred. Sometimes, unfortunately, an employer will seek to deny a valid claim simply to save money.
Another possible reason for denial is your employer’s belief that your injury was caused by a preexisting condition. Connecticut workers’ compensation law states that you are permitted to seek workers’ compensation for an on-the-job injury even if you have a preexisting condition, but you must be able to demonstrate that the injury made your preexisting condition worse. This is often difficult, but generally not impossible.
Whichever reason is cited, you do have options if your claim is denied. While it is recommended that you try and reach some kind of accord with your employer and/or their insurer, if this is not possible, the next step is to file a request for an informal hearing, which in turn initiates the process by which you or your attorney can submit supporting information. At an informal hearing, your case will be reviewed by a commissioner, and either approved or denied.
A formal hearing is the next step, if you choose to continue your claims process, and this is conducted not unlike any civil trial. A denial at a formal hearing may lead to a Compensation Review Board hearing, which is a review of the formal hearing decision, and if you still receive an unfavorable decision, the final step is to appeal to the Connecticut Court of Appeals and/or the Supreme Court, but it is highly unlikely that a case will be taken up at this level. Usually some sort of settlement can be reached at lower levels.
Contact A Connecticut Workers’ Compensation Attorney
If your employer carries workers’ compensation coverage, and you are injured on the job, you are entitled to benefits if you follow correct procedure. However, your employer or their insurer may seek to deny you, and their reasons are not always valid. The Stratford workers’ compensation attorneys at the Morizio Law Firm have experience in these cases, and are ready and willing to put their experience to work for you. Contact our offices at 475-338-3505, or use our website, to set up a free consultation.
Sources:
wcc.state.ct.us/gen-info/if-injured/contest.htm
wcc.state.ct.us/law/wc-act/2005/31-275.htm
