Assisting Injured Workers Obtain Fair Compensation
If you have experienced a work-related injury or illness, you may be unable to work or provide for your family. Work-related injuries often require extensive medical treatment and take a significant amount of time to heal.
In Utah, legislation mandates that the majority of employers with one or more employees are required to carry workers’ compensation insurance. This insurance is designed to cover expenses related to injuries and illnesses that occur as a result of work. Despite these regulations, it’s not uncommon for employers and their insurance companies to attempt to withhold rightful benefits from workers. They may argue that the injuries were self-inflicted, stemmed from pre-existing conditions, or were caused by non-serious behavior or horseplay on the job. This resistance can make it challenging for workers to receive the compensation they are due for work-related injuries and illnesses.
However, Fontenot Law, P.C. has extensive experience in handling work-related injury claims and is unafraid when it comes to fighting for injured workers.
If you are dealing with a work-related injury or illness, contact Fontenot Law, P.C., and schedule a free initial consultation to discuss your case and determine legal options.
What Qualifies as a Work-Related Injury?
A workplace injury or illness results from an unplanned incident in which the employee suffered harm while completing their job duties. Work-related injuries are often result from:
- Lifting injuries
- Slips and trips
- Falls
- Being struck by objects
Many individuals only consider physical workplace injuries such as broken bones, cuts, or bruises. However, work-related injuries and illnesses also include illnesses that result from being exposed to toxic chemicals or psychological injuries such as anxiety or post-traumatic stress disorder (PTSD).
An injury is considered to be work-related if it results from the employee’s job duties. For example, if a commercial truck driver is injured in an accident while driving, completing their job duties, they could be entitled to receive compensation benefits. Additionally, if an accident occurs on the company parking lot, company access road, or anywhere in the employer’s premises during the course of the employee’s job duties, they may also be entitled to workers’ compensation. If you are still trying to determine if your workplace event qualifies for compensation, contact our law offices and ask to meet with one of our experienced lawyers who can thoroughly evaluate your case.
Why Would My Workers’ Compensation Claim Be Denied?
There may be several reasons why your workers’ compensation claim has been denied. In most cases, the reason is explained in the official denial letter. A claim is typically denied because the insurer believes the injury or illness was the result of a non-work-related condition or did not occur as a result of the performance of the employee’s work duties.
Some of the other reasons why workers’ compensation may be denied include:
- The employee did not report the injury within the 180-day time limit established by Utah workers’ compensation laws.
- The claim was not filed within one year of when the work-related injury or illness occurred.
- The employee did not seek medical treatment from a licensed healthcare professional after the work-related incident.
- The injury was the result of a pre-existing condition.
- The injury or illness does not qualify for workers’ comp coverage.
- There is insufficient evidence to prove the injury or illness is work-related.
If an insurer has denied your claim or is delayed for further investigation, it is in your best interest to contact a knowledgeable workers’ compensation attorney. Fontenot Law, P.C. of Woods Cross, UT, has vast experience dealing with insurance providers. Our legal team can investigate to learn why your claim was denied and work to help you obtain proper compensation for your injury or illness.
What Can I Do if My Employer Refuses to Pay Workers’ Compensation Benefits?
If your workers’ compensation claim has been denied, you can appeal the decision through the Utah Labor Commission. You also have the right to appeal if the insurance provider is disputing part of your claim.
The first step is to complete the Application for Hearing Industrial Accident Claim and turn it in to the Labor Commission. After the Labor Commission receives the appeal, your employer or insurer is required to submit a response within 30 days.
After the response is filed, the next step is for the Labor Commission to schedule an in-person hearing in front of a workers’ compensation judge. During the in-person hearing, both sides will have the opportunity to present their arguments to the judge.
Both involved parties usually gather evidence and prepare their arguments before the hearing during this time.
Does Your Law Firm Have Experience in Handling Workers’ Compensation Claims?
Fontenot Law, P.C. has in-depth experience handling workers’ comp claims. Our legal staff has family members who have been seriously injured in work-related injuries and recognizes the devastating toll it can take on injured workers and their families. As a result, we understand firsthand the effects that work-related injuries can have on employees and their families.
If we agree to take your case, we will fight to help you recover workers’ compensation that will pay for medical bills, lost wages, and appropriate training if you cannot return to the same type of work you performed before your injury or illness occurred. Our attorneys can obtain medical records that detail your injuries and illnesses to help build and strengthen your workers’ comp claim.
If you have been injured in a work-related injury or have been denied workers’ compensation benefits, contact Fontenot Law, P.C. at 801-448-0156 and schedule a free initial consultation.