If you are a contractor working overseas, whether you are working a security position, on a military base, or as part of a public works contract, you may be exposed to a variety of risks. Your occupation may put you at an increased risk of death or injury, especially if you are working in a war zone. Even though you know of the risk, you still head in to work day in and day out knowing that if you do suffer injuries, you can always file a claim under the Defense Base Act. Then the worst-case scenario happens. You are injured on the job. You think of all the things that you have to take care of to file a claim and you are confident that you will continue to get paid.
No More Paychecks
You are at home recovering and confident that you will continue to get paid. Unfortunately, the medical bills start coming in and the paychecks stop. You receive a letter in the mail stating that your claim has been died. Now not only are you injured, but you are frustrated and angry, too. You are wondering how your claim could ever be denied. After all, you were injured at work and you gave all the information required to get your claim approved.
The reality is that even if you think your case is straightforward, your insurance company is in the business of saving money. They want to reduce the amount that they must pay you, or even deny paying you a payment at all. There are a variety of reasons they may use to deny your claim, but what it really boils down to is money. Here are a variety of reasons that your insurance may deny your claim:
- It is not clear that it is a workplace injury – If you read your work contract you know the things you must do to uphold that contract. If you are injured during one of those duties, you are covered. However, if your work extends past those duties, it may not be clear that your injury took place during the scope of your employment. For example, what if you were injured while off duty? That would not be covered, right? However, if you are required to provide some of your meals during the week and you chose to go fishing to get your food, you may be able to make the case that your injury was within the scope of your employment.
- Your injury is not serious enough – Your insurance company may not think your injuries were serious enough if you did not need the treatment your doctors gave you or you did not document your injury well. This is why it is imperative that you keep excellent records.
- You are still able to work – If the insurance company thinks that you can still work, or they do not have enough evidence to support your claim, they may deny it altogether. You need to be sure your doctor makes it clear what you can and cannot do, both emotionally and physically.
Contact an Attorney Today
If you have been denied benefits under the Defense Base Act, contact the attorneys at Kolodny Law Firm today and let us help fight your claim for you. We will work to get you the compensation to which you are entitled.
Alan Kolodny is committed to representing injured clients in Texas and throughout the United States. Alan earned his B.A. from Rice University and his J.D. from Southern Methodist University.
He focuses his practice on representing plaintiffs in personal injury cases involving the following matters: maritime and offshore accidents, including those under the Jones Act; automobile and 18-wheeler truck accidents; and industrial site accidents, work-related accidents, and claims for injured railroad workers under the Federal Employers’ Liability Act.
Loading...