Attorney David J. King


When can your workers’ compensation claim be denied?

On Behalf of | May 20, 2022 | Worker's Compensation

Workers’ compensation should help you get back on your feet after a workplace accident, but it does not always happen. Some legitimate claims end up being dismissed for various reasons, from legal technicalities to mistakes by the affected worker.

When you cannot work due to your injuries, yet you missed out on workers’ compensation benefits, you can quickly find yourself in a financially messy situation. Therefore, you need to know what can lead to a dismissal of your claim and avoid it. Here are some of the reasons.

Failing to inform your employer on time

In South Dakota, you do not have much time after a workplace accident. You must inform your employer within three days to kickstart the claims process. It can be impossible to recover workers’ benefits if you fail to beat the deadline.

Not seeking medical treatment

A common mistake many injured workers make is disregarding a visit to the doctor after a workplace injury. If you fail to seek medical attention, the insurer may question the extent of your injuries. In addition, you will not have evidence to show that your injuries prevented you from working without a doctor’s report. 

Disputes about the nature of your accident

Workers’ compensation only covers work-related accidents. Therefore, if your workplace accident resulted from intentional actions or reckless negligence of safety measures, your claim could be dismissed.

 It is important to have a clear record of the version of events leading to the accident to rule out the possibility of this happening. Witness testimony from colleagues will go a long way.

If your workers’ compensation claim has been denied, it is possible to appeal the decision. Understanding the reasons for denial before embarking on an appeal will increase your chances of success.