What are some of the common reasons for a Kentucky workers’ compensation claim to be denied? What are some of the primary reasons most Kentucky workers compensation claims are not paid and what actions should you take if you are injured on the job and you believe a valid workers’ comp claim has been denied?
The Primary Reason for the Denial of an Otherwise Valid KY Workers’ Comp Claim
The first reason is Your Injury Hasn’t Been Reported or was delayed in being reported. You are required to report the injury to your employer and your employer may not report or delays reporting the injury to the insurance company. This is one of the most common reasons for a Kentucky workers’ compensation claim to be denied
You also want to make sure that the treating or medical examiners doctors have the correct injury history or what job duties caused your need for medical treatment.
Even though workers compensation may pay your related disability and medical treatment, you must still properly complete and file a formal “Application for Resolution of Injury Claim” with the Department of Workers Claims in Frankfort. This is required in order to protect your rights to reopen and receive future related medical treatment.
What is the “Avoidance Game” in Kentucky Workers’ Compensation?
The Avoidance Game is another reason most Kentucky workers compensation claims are often denied. The company may say: We’re Going to Investigate. The employer may act concerned and send the injured worker to a doctor they “recommend.” This occupational doctor is biased to the employer and insurance company. Typically, the company doctor gives the injured worker 3 pats on the back, 3 Tylenols and sends them back to work.
Often, the injured worker is told that everybody experiences such aches and pains and such are a part of the aging process. The Avoidance Game is gaining speed. The company fails to recognize your injury and appears to have a doctor backing them up. What the insurance company doesn’t pay out for the injured worker is kept and paid out in profits to the owners and shareholders.
Another of the Common Reasons for a Kentucky Workers’ Compensation Claim to be Denied
The “Avoidance Game” is closely associated with another of common reasons for a Kentucky workers’ compensation claim to be denied – The Employer Doesn’t Believe The Worker is Actually Injured. The employer and their occupational doctor are looking for every reason not to treat you. They may claim you aren’t actually injured, that your symptoms are normal for the type of work you do or that your injury must have occurred outside of work.
These a few of the common reasons for a Kentucky workers’ compensation claim to be denied and why it is important to contact the experienced and proven Kentucky workers compensation attorneys at Jennings Law Offices. Jennings Law Offices is on your side and we work to help ensure you get the medical care you need from an independent physician.
Many injured workers are unaware they have the right to choose their own doctor. Many others are simply worn down by the company’s Avoidance Game. You don’t have to get caught up in the Avoidance Game or face the denial of your valid Kentucky Workers’ compensation claim.
We invite you to contact the Jennings Law Offices or call today for a free substantive case evaluation at (502) 583-3882. Learn more about your rights as an injured worker in Kentucky and how our legal team can ensure you receive the Kentucky workers compensation benefits you deserve.