Questions To Ask After Your Workers' Comp Claim Is Denied With The Deviation Defense

22 March 2022
 Categories: , Blog


As an employee, you are likely covered by a workers' compensation program. This means that you will be entitled to compensation through a workers' compensation insurance program in the event that you suffer a serious accident while working. However, you might need to hire a workers' compensation lawyer if the insurance provider argues that your injuries resulted from an accident that deviated from your work responsibilities.

Were You Performing Work-Related Activities?

The workers' compensation insurance provider may try to deny your claim by asserting that your activities deviated too far from the normal scope of your work-related activities. For example, if you went on a trip that was business-related, but made a stop along the way and became injured, this activity might not be covered by the insurance policy.

One concern is whether the activity is co-mingled with work-related responsibilities. For example, if you attended a baseball game with a client while focused on closing a sale, your injuries at the stadium might still be covered under workers' comp.

Did You Engage in Horseplay?

Even if you are at your place of work, the insurance provider might argue that your incident would not be covered under the workers' compensation policy. For example, horseplay is often not covered unless it is considered a normal part of your workplace.

Have You Spoken With an Attorney?

Because it can sometimes be difficult to determine to what extent activities are considered to be work-related, you will always want this type of case to be handled by a workers' compensation attorney. A legal professional will examine the facts of the case and will then help you build a solid case for why you should be entitled to workers' compensation benefits.

Was Your Claim Denied?

When your workers' compensation claim is denied, you will be allowed to appeal the decision. Your appeal will only be accepted with the evidence your workers' compensation lawyer has gathered to prove that your injuries were work-related. For example, your attorney might interview coworkers who can help put your activities into context.

If your workers' compensation claim is denied and you believe it was done in bad faith, a workers' compensation lawyer will be able to guide you through issuing a complaint or taking the workers' compensation insurance provider to court. If you are able to win your case, you may be entitled to even more in compensation than if your claim had simply been approved initially. Contact a workers' compensation lawyer today for more information.