What Can I Do If My Oilfield Personal Injury Claim Is Denied?

Oilfield workers in the United States often face various risks like flammable or poisonous  gasses, heavy equipment, falling objects and physical strain. If you suffered an injury while working in an oilfield, you may naturally expect workers’ compensation to cover damages like medical bills and lost wages.

Then, unexpectedly, your employer’s insurance company denies your workers’ compensation claim. What do you do now? Contact an oilfield accident attorney to investigate why the insurer rejected your claim and what steps to take next. Not only may they be able to get you the workers compensation you deserve, but they may also identify a third-party who may also be liable for your injuries. 

Why Workers’ Compensation Providers Deny Claims

When reporting a workplace accident, you probably expect your employer and their insurance provider to take responsibility for your injury. However, some employers will avoid reporting accidents since every claim raises premiums. Moreover, the insurer may try to deny your claim under various pretexts, such as:

• Failure to report the accident on time. To protect your rights to workers’ compensation, you must notify your employer or supervisor of the injury within a certain timeframe, usually 30 days. 
• Not following a doctor’s recommendations. If your medical records show that you failed to go in for a check-up after your accident or didn’t comply with a doctor’s recommendations, an insurer may deny your claim.
• Prior conditions. In some oilfield accident cases, the insurance provider may try to prove that your injury happened because of a pre-existing condition, not the accident. An oilfield accident attorney can help you prove otherwise.
• Ineligibility. Your employer or their insurer may argue that you’re ineligible for workers’ compensation because the injury occurred while you were off duty or because your own negligence caused the accident. 

You may lose your right to compensation if you file your claim after the statute of limitations has passed. In Texas, that’s two years from the injury. 

What to Do If an Insurer Rejects Your Claim

When an insurer denies what you believe is a legitimate claim, you may feel shocked and discouraged. It’s important not to give up. 

Review the denial letter and note any factors the insurer lists as the reasons for disputing your claim. Also, follow up to ensure the denial didn’t occur because of a technical omission or a misunderstanding. 

Next, consult an experienced oilfield accident attorney. Provide all your available documentation, including employment records, medical records, evidence of the accident, the claim document, and the denial letter. A lawyer can help you determine whether you can appeal the denial and, if necessary, help you present additional evidence or arguments in your favor. 

What If Your Damages Exceed Available Compensation?

Workers’ compensation provides a safety net for injured employees, but it may fail to cover all your damages. Even if the insurer eventually approves your claim, you won’t collect your full paycheck and will not receive a payout for pain and suffering.

In some cases, you may be able to file a claim against a third party, such as a contractor, a maintenance service, or an equipment manufacturer, if you can prove that their actions led to your workplace injury. A knowledgeable lawyer can inform you whether this type of claim would apply to your case in addition to workers’ compensation insurance. 

Contact Fadduol, Cluff, Hardy & Conaway, P.C. If an Insurer Denied Your Oilfield Injury Claim

Did your employer’s workers’ compensation provider deny your claim after an oilfield accident? The skilled oilfield injury lawyers at Fadduol, Cluff, Hardy & Conaway, P.C. have decades of experience helping employees and their family members seek compensation after workplace accidents. 

Call 800-433-2408 or fill out the law firm’s online form to consult an oilfield accident attorney.