Insurance adjustors deny valid claims all of the time and most of the time they do this to save their insurance company money. Many injured persons won’t pursue, and they save money. At the very least a denial creates a four to six month delay, which saves the insurance company a lot of money.
Many employers try to trick an injured worker by saying that if you didn’t notify us within 24 hours of the accident we’re not going to accept your case. It may be true that they will litigate the matter but that does not mean that you are not entitled to file a claim and get benefits. You actually have two years to file a claim. You have to notify your employer within 30 days of your injury. It really is not the employer’s decision or the insurance adjuster’s decision to make. It is the Virginia Workers’ Compensation Commission that makes the decision whether you are entitled to workers’ compensation benefits.
Once, I actually had a client who was injured at work and his employer asked him not to file a workers’ compensation claim so the employer’s workers’ compensation insurance rates would not go up. The employee agreed and signed a note in front of witnesses saying he was giving up all his workers’ compensation rights. Obviously, when all his vacation and sick leave was gone and he was looking at two more major surgeries, he did not know what to do. Luckily, he came to me and we prevailed at his hearing because he had given notice within 30 days and we filed within the two-year statute of limitations. It was of no consequence that he had signed something to that effect.