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Birmingham Workers Comp Lawyer Why was my claim denied

Birmingham Workers Comp Lawyer Why was my claim denied

Birmingham Workers Comp Lawyer Why was my claim denied? Many of our clients came to use after being informed by the workers compensation insurance adjuster that their claim for workers compensation benefits had been denied. Most of the time a reason is not given, and the injured worker is generally befuddled as to why their claim was denied, so they called us for help.

In most of the cases we have handled, we have been able to show that the job injury suffered by our client was a compensable claim and we helped our client obtain the workers comp benefits they were legally entitled to receive. Why then were these claims initially denied? Because the insurance company did not want to spend the money. I was reminded of this fact last week while reading an article.

The article was written to remind workers comp insurance carriers that saying they don't find the injured worker to be credible is a reason to deny a claim; all they (or your employer) has to say is "I don't believe it." They may not believe that your were actually injured at work or they may say they do not believe your injury is the result of the job accident you were involved in (this excuse falls under the "preexisting" condition rouse-click here to read about this argument).

I believe that in most cases where valid claims are denied and no reason is given as to why the claim was turned down, the adjuster is basically saying "I don't believe the injured worker" and hoping that later on a legitimate reason to deny the claim can be found. This is generally borne out after suit has been filed and we ask the defendant why they denied the claim.

In one case we had, the defendant continually refused to say on what grounds they were denying liability. The matter was taken before the court, and when the judge asked point blank for the reason why liability was denied, the defense attorney said that they needed more time to conduct discovery because maybe the injured worker suffered their injury "while ice skating or something else." Not a lot of ice skating taking place in Alabama these days, but this shows that there really was not a legitimate reason why liability was denied. Fortunately most courts see what is going on and will order that the reasons be stated, and at this point it becomes easier to knock down whatever straw man arguments they have made and we can eventually get our client the medical and financial assistance they so desperately need.

Just because the workers comp insurance carrier says you do not have a valid claim does not make it true. If you suffered an on the job injury and you have questions about your right to Alabama workers comp benefits, don't hesitate to contact and speak with one of the experienced Alabama Workers Compensation Attorneys at Powell and Denny today.

Powell and Denny: We Work When You Can't

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Birmingham Workers Comp Lawyer Why was my claim denied

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