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Why Am I Not Getting Paid My Benefits in My Workers Comp Case?

workers comp case

Experiencing a workplace accident can be a traumatic experience. You may be unable to work, have mounting medical expenses, and need time to recover.

If your worker’ compensation claim is delayed, it can cause even more stress and frustration. Although some delays are valid, others could be due to your employer, insurance company, or other reasons beyond your control.

If your worker’s comp case benefits are delayed, you should consult a worker’s compensation lawyer as soon as possible. Here are a few reasons why you may be waiting for benefits to arrive.

Filing Mistakes or Procrastination

If you experience an injury on the job, you have the right to file a worker’s compensation claim. Worker’s comp covers loss of income and medical expenses following an on-the-job injury.

Although an injury can be overwhelming, it’s important to file your claim as soon as possible. Delaying the process can work against you and give the insurance company leeway to delay even longer.

Mistakes in paperwork can also delay the process. Enlisting the help of a worker’s compensation lawyer can help. They can ensure your paperwork is complete and on time to expedite your claim.

Employer Delays

Your employer may be the cause of the delay. This could be the result of negligence, poor communication, or ignorance of the process. 

Sometimes insurance companies direct employers to delay the process. Employers may choose to comply to try to minimize the negative impact on their finances or business reputation.

Some employers may not understand the process and fail to follow the reporting requirements or legal obligations for worker’s comp cases. 

Insurance Delays

The worker’s comp claims process is slow. The insurance company may delay your claim for a variety of reasons. 

They may want more time to investigate your claim. They may request a second opinion. It takes time for doctors to forward an evaluation and for an adjuster to review the report before making a determination.

Adjusters often work on several cases at once which slows the process. Insurance companies are incentivized to pay out as little as possible for workers’ comp claims. 

This is another reason to have a workers’ comp lawyer on your side. 

Physician’s Report Delays

A physician’s report is a critical component of the worker’s comp process. Any mistake in diagnosis or treatment can delay your claim.

Physicians are notorious for dragging their feet with medical reports. These reports are sent to the insurance company.  And they often request more information from the doctor.

This process takes time, and any small error can prolong the process, postpone the hearing, and delay your compensation. 

Incidences of Fraud

Worker’s compensation helps many injured and ill workers each year. Unfortunately, there is fraud within the system.

Many people try to take advantage of the process and scam deserving recipients out of the money they deserve.

In some cases, workers may feign symptoms to continue benefits. Unethical health care workers may try to scam the system as well. 

Insurance adjusters are always wary of fraud, including dishonest workers, phony billing, and sham facilities. The possibility of fraud prolongs the process for those injured workers who truly need assistance.

Legal Red Tape

The worker’s compensation process is imperfect and can take quite a while from start to finish. This is difficult if you suffered an injury on the job and need relief.

From the initial claim to dealing with physicians and insurance companies, the process can be frustratingly slow. Delays in the court system overwhelmed with appeals extend the waiting process even more.

You have enough to worry about. Leave all the red tape to an experienced workers’ compensation lawyer.

They understand the system and know how to get the claims process on track and reduce your chances of experiencing unnecessary delays.

Legitimate Delays 

Not all delays in worker’s comp cases are unlawful or malicious. In some cases, the investigation of a claim may take a while to complete.

Incomplete medical evaluations, faulty paperwork, missed due dates, machine malfunction, and more can cause unfortunate delays in the system.

No matter the delay, it’s a good idea to put your claim in the hands of a medical malpractice lawyer. They can evaluate the cause for the delay and help you get the benefits you deserve.

How to Handle Delays in Worker’s Comp Claims

Although some delays in worker’s compensation cases are valid, others are not. Unreasonable delays slow the process and keep you from receiving the benefits you are waiting for.

Unreasonable delays are illegal. Any employer or insurance company that hinders, delays, or prevents a claim can be held accountable for the delay and 25% above the amount of the claim.

Find the Right Worker’s Comp Case Lawyer

If you’re experiencing a delay in your worker’s compensation claim, the best first step is to discuss your case with a worker’s compensation lawyer.

They can review your claim, assess the situation, and determine the problem. Before you can pursue any legal recourse, you must know why there’s a delay. Only a knowledgeable legal professional can uncover these answers for you.

If you’ve suffered an injury on the job, we understand how stressful and frustrating the worker’s comp process can be.

You want your worker’s comp case to be resolved as quickly as possible, and so do we. Babcock Injury Lawyers is here to help and will work tirelessly to secure the benefits you deserve. 

You pay nothing until we’ve resolved your claim. Contact us today to see how we can assist you.

 

Babcock Injury Lawyers

Babcock Injury Lawyers
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