If you find yourself hurt in Mississippi because of a workplace injury, you have an expectation of being compensated for injuries sustained and time off from work. That expectation derives from the administrative remedy our State Legislature formed when it created the Mississippi Workers’ Compensation Commission. As many Mississippians who have been injured at work already know, Workers’ Compensation is a no-fault system that provides for medical treatment and lost wages in the event of a work-related illness/injury. What that essentially means is that regardless of whose “fault” the injury is or what caused the injury, a worker should be entitled to benefits created under the Commission’s statutory framework. Seems simple and straight forward enough, right? Well, it isn’t always that easy. Often times our workers’ comp. clients come to our office wondering why their claim was denied. Our job as claimant attorneys is to figure out why the claim is denied and to figure out how we can get it admitted so we can litigate it on behalf of the client. Here are a few common reasons claims are denied.
- The client is not a covered employee, meaning the employer is not required to have workers’ compensation insurance due to too few employees, the claimant was not actually employed at the time of the injury, the claimant is an independent contractor not under the control of the alleged employer, or some other similar instance.
- Employer claims the injury was preexisting or occurred outside the employer-employee relationship
- Employer raises the defense of intoxication by the employee at the time the injury occurred
- Employer raises the defense that the employee intentionally self-inflicted the injury to be taken off of work and receive benefits.
This list is not meant to be exhaustive; there are other grounds for employers and insurance companies to deny claims. However, what this list does show is that it is not always as easy as a claimant alleging an injury and automatically receiving benefits. Sometimes claims get denied, but just because a claim has been denied, it does not mean that the claim will always be denied and never admitted. There are countless examples of our firm successfully working with insurance attorneys and adjusters to get our clients’ claims admitted and for them to receive workers’ compensation benefits.
Contact the trusted Workers’ Compensation Attorneys at ’Maggio | Thompson Today!
Each Workers’ Comp. claim is unique and has individualized facts, so if you or a loved one has a denied workers’ compensation claim related to an injury sustained while employed in Mississippi, contact the experienced and serious workers’ compensation attorneys at ’Maggio | Thompson.