Delayed injury claims in workers’ compensation occur when your employer’s insurance company doesn’t approve or deny your claim within 90 days. Other delays could occur because of your employer or because of mistakes you made when filling out your workers’ compensation claim.
Any of these situations could affect your workers’ compensation claim, and cause you to wait even longer for the benefits you need. A workers’ compensation attorney can support you through the process to help you avoid delays in your case.
Reasons for Delays in Workers’ Compensation Injury Claims
Delays in workers’ compensation claims can occur for several reasons. Typically, they happen because of delays from your employer or their workers’ compensation insurance company. However, if you filled out the claims form incorrectly, this could also cause a delay.
When you hire a workers’ compensation attorney, they can review your claim before you submit it. They can also pressure your employer and their insurance company if they cause a delay. Having an attorney by your side could give you a better chance of avoiding such delays.
Delays From Your Employer
After you notify your employer about your injury, they must notify their workers’ compensation insurance company. If your employer doesn’t follow through and immediately inform their workers’ compensation insurance company, delays could occur. These delays could extend your case for weeks. Therefore, it’s important to follow up with your employer to ensure they turn in your claim to their insurance company.
Ways your employer could cause delays include:
- Failing to follow procedures regarding your workers’ compensation claim. This could cause them to file it incorrectly with their insurance company, which could cause a delay.
- Handling the claim recklessly. As a result, they could leave out pertinent evidence and not include everything needed by their insurance company.
- Not submitting the form correctly or to the correct person from their insurance company.
- Losing your workers’ compensation claim form and not notifying you promptly so you can fill out another one.
- Purposefully not turning in your claim because they hope your injuries will heal and you won’t follow up about your claim.
If you struggle to get your employer to follow through on turning in your claim, you could seek help from a workers’ compensation attorney. They can speak to your employer and get them to turn in your claim. By hiring an attorney, you could get your claim pushed through to the next stage and avoid further delays.
If you believe your employer has purposely delayed your claim, hiring an attorney can significantly help. Your employer shouldn’t get away with acting negligently without ramifications. An attorney can advocate for you and stick up for you through this process.
Delays From Your Employer’s Insurer
Your employer’s workers’ compensation insurance company could also delay approval or denial of your claim. There are many reasons they could delay a decision on your claim, including:
- They don’t have enough staff to handle all of the claims that come through
- Their employees have a lack of training
- They made clerical errors in your claim
In addition, the insurance company might need more than 90 days to investigate your claim. If any issues arise indicating you didn’t sustain your injury at work, it could extend the time you wait for the approval. The insurance company could delay your payments while investigating your injury.
If the insurance company has caused your delay, you could speak to a workers’ compensation attorney. They can speak to the insurance company to help move your case along.
You Made a Mistake on Your Claims Form
Sometimes, delays in workers’ compensation claims can occur because of an error you made on your original form. Further, you might not have included enough evidence proving you sustained your injury at work.
When you hire a workers’ compensation attorney, they can help you fill out your workers’ compensation claims form. They can also investigate your accident to prove you sustained your injuries at work. This would ensure your claim has the necessary information and evidence included to hopefully get faster approval.
What Should I Do If My Workers’ Compensation Claim Gets Delayed?
If your workers’ compensation claim is delayed, there are remedies to this issue. The first thing you can do is hire a workers’ compensation attorney. Typically, when an attorney reaches out to your employer or their insurance company, it motivates them to work on your case faster. Your lawyer can also speak to them on your behalf to ensure you don’t say anything that could hurt your case.
Fortunately, many workers’ compensation attorneys offer free consultations. During the consultation, you can learn how and if a workers’ compensation attorney can help you. For example, they can provide information on how they can stop the delay and help you get the benefits you need. Attorneys can also inform you of your legal rights when waiting for a workers’ compensation claim decision.
KJT Law Group Can Support You Through a Workers’ Compensation Claim Delay
You might feel frustrated and overwhelmed if your workers’ compensation claim gets delayed. The attorneys at KJT Law Group can explain what a delayed workers’ compensation injury claim means for you. We can also identify the cause of your claim’s delay and take the appropriate steps to help get it back on track. In addition, we provide supportive and compassionate legal counsel to help you avoid stress through this process.
Contact us today by calling (818) 507-8525 for a free case review. Our legal team understands the importance of getting workers’ compensation benefits to those who need them as quickly as possible. We can work tirelessly to get your claim pushed through faster so you can get the benefits you need and deserve.