Workers’ compensation claims can be wrongfully denied for many reasons. Addressing these wrongful denials can be essential in getting injured workers the benefits they need and deserve.
For example, an insurer might claim that a worker is not entitled to benefits under the law because he or she was intoxicated or impaired by drugs at the time of the accident. If this allegation is false, it is crucial for an employee to disprove the accusation and set the record straight. This can happen in a few ways.
Talking to witnesses
Talking to your co-workers and other people you may have been in contact with in the time surrounding an accident can help clear up confusion. They can attest to your mental state, whether you smelled like drugs or alcohol and what you were doing in the hours leading up to an accident.
Challenging false accounts
People can incorrectly assume someone is impaired by drugs or alcohol based on flawed observations. For instance, having red, glassy eyes can be the result of allergies, not impairment. And seeing someone take a pill in the bathroom may seem suspicious until you learn that it is a prescribed medication for a heart condition. Clearing up false assumptions can prevent them from unfairly hurting your workers’ compensation claim.
Obtaining video of the incident
In some cases, it may be possible to secure surveillance video or other recordings of the incident. These can provide critical context into your behavior and the details of an accident, including evidence that any alleged intoxication or impairment was not connected to the accident or injury.
These and other measures can help clear up any confusion or wrongful allegations regarding impairment and an injury suffered on the job.
While it can be complicated to correct a misunderstanding and challenge a wrongfully denied workers’ compensation claim, understand that doing so can help an injured worker pursue the benefits he or she deserves. And you do not have to navigate this process alone; an attorney familiar workers’ compensation laws in New Jersey can help you respond to unfair denials.