Enjuris Blog | Find Answers and Share Your Accident's Story

Finding answers after your accident

24/7 Free Consult   (800) 734-4134    Log in    Add firm
  • Lawyer Directory
  • Personal Injury Law
    • You’ve been hurt. Now what?
    • Do I have a claim?
    • Finding the best attorney to represent you
    • Dealing with Insurance
    • View all
  • Type of Case
    • Car accident
    • Truck Accident
    • Workplace injury
    • Wrongful death
    • View all
  • Injury Guides
    • Spinal Cord/Column
    • Brain Injury
    • Occupational injuries
    • Whiplash
    • View all
  • State Guides
    • Arizona
    • California
    • Colorado
    • Florida
    • Georgia
    • Montana
    • Texas
    • View all
  • Resources
    • Blog
    • Tell Your Story
    • Forms and Worksheets
    • Partnership Opportunities
    • For Students
    • About Us
  • Attorney Marketing
Home > Blog > Colorado > Worker’s Compensation and Denial of Death Benefits

Worker’s Compensation and Denial of Death Benefits

Contributor: Mack Babcock How can I contribute?

Denial of worker's comp death benefits

When insurance companies hit you when you’re down

No one likes to talk about death. We use colloquial terms for it, hide it behind curtains, use hushed tones and whispers and talk behind our hands so the children can’t hear. It has to be hidden at all costs.

That’s why when we have to deal with it, nobody knows what to do. We wander around like stunned zombies, wide-eyed and silent, moving from one place to the next, waiting for instructions. We hope someone else will come in and take over, someone more adult than us. But now we’re the adults, and we need to make the decisions.

When a loved one passes away, taking care of his affairs is one of the hardest things to do.

When someone dies because of a job he was doing, that is even harder.

When someone dies and the insurance company starts jerking you around, well… that’s just adding insult to injury.

When the insurance company denies death benefits

Let’s say a loved one passed away while working a construction job. It is the worst possible scenario in terms of worker’s compensation, and it means that you, the family member, have to step in and assume control of the situation. This means filing the necessary paperwork with the insurance company that shows your family member suffered an injury on the job that ended his life and also providing the evidence that supports the claim.

Insurance companies, however, are in the business of making money. They aren’t going to hold your hand and tell you how very sorry they are. Appallingly, sometimes they will send a form letter with a stamped signature denying your claim for a variety of reasons. Let’s review what those reasons are.

  • The claim was not reported or filed on time: You don’t want to let this happen. While it might seem crass, you want to report the accident to the employer within days of its occurrence. That way it is properly documented for insurance purposes. You must report the injury in writing within a certain number of days, usually 30 – though it might vary by state. Checking with a worker’s compensation attorney in your specific jurisdiction would be advisable. In Colorado, claims are supposed to be reported in writing by injured workers or their dependents within four days of the date of the injury.
  • The employer disputes the claim: Hopefully your loved one’s employer wouldn’t be completely insensitive about the situation, but he might see an opportunity to protect his liability. If that is the case, then you will have to prepare for a fight. This means providing additional information about the accident so the insurance company can see more of the picture.
  • It was a pre-existing condition: This ties into the previous point, but the employer might try to argue (or the insurance company might try to argue) that your loved one suffered from a pre-existing condition that contributed to his death. For instance, if he passed away from a form of cancer, the insurance company will say that it is impossible to state for certain whether the materials he was working with for 25 years contributed to his asbestosis and that his cancer developed for another reason, not because of his asbestos-riddled working conditions.
  • Nobody saw the accident occur: This is usually the biggest problem. If nobody was around when someone fell off a ladder or was in an accident while transporting materials, then there is no independent witness to testify, and then really, anything could have happened. As such, the insurance company is free to deny, deny, deny – even though there is clearly a person who is no longer on this mortal coil.
  • The insurance company disputes your or your children’s relationship to your deceased spouse.  As shocking as it may sound, insurance companies often deny claims for death benefits questioning whether a surviving spouse was actually married to the deceased or whether the deceased’s children were actually his or hers.  The surviving dependents then are forced to prove that they are in fact the surviving spouse and children.

What can I do to appeal the insurance company’s denial?

Insurance companies are just that – companies. However, when you get a person on the phone, you can find a spark of humanity within them. Grab on to that and don’t let go. Find the sympathy in their hearts and remind them that there is a person who is not here anymore.

What you need to do is build as much of a case as you can. Even in your state of grief, this is an unfortunate necessity. Gathering additional information, such as witnesses, photographs, statements and testimony can help bolster your claim so that when you submit your claim again, the insurance company has to give you a second chance.

If all else fails, an experienced worker’s compensation attorney is your best bet. This is a nuanced area of law, and most attorneys have someone to whom they refer these cases because they refuse to deal with them. They are too complicated and too involved for a general lawyer to handle.

About The Babcock Law Firm, LLC

When you’re up against a corporation or insurance company with a workers’ compensation claim, insurance dispute or personal injury matter, you can be confident in the Colorado attorney representing you at the Babcock Law Firm. We’re well versed in the tactics big companies use to try to prevent you from receiving the settlement or benefits you deserve, and we are fully committed to helping people just like you fight and win cases. View our profile and visit our website today.

About Mack Babcock

Leave a Comment Cancel reply

Your email address will not be published. Required fields are marked *. While our editors moderate all comments, Enjuris cannot guarantee the authenticity or accuracy of the information contained in the post.

Babcock Law Firm
The Babcock Law Firm
Denver, CO personal injury law firm Representation by the right lawyer can more than double your settlement amount.
(303) 683-5033 Attorney Profile

Categories

  • News Stories
  • My Accident Story
  • Questions & Answers
  • Resources You'll Love

In Your State

AZCA CO FL GA MT TX

Attorney Authors
Enjuris Partners

Mack Babcock
The Babcock Law Firm, CO

George Lorenzo
Lorenzo & Lorenzo, FL

Neal Davis
Neal Davis Law Firm, TX

Ben Gerber
Gerber & Holder Law, GA

Peter Tragos
Tragos, Sartes & Tragos, FL

Robert E. Wisniewski
Law Offices of Robert E. Wisniewski, AZ

Tom Murphy
Murphy Law Firm, MT


Enjuris Contributors

  • Bert Louthian
  • Terry Bryant
  • Steven G. Wigrizer/WNW Law
  • Adley Law Firm
  • Jacob Emrani
  • Dallas Car Accident Lawyers
  • Friedman & Simon
  • Atlanta Car Accident Lawyer
  • John Foy
  • Chalik Law
  • The Parrish Law Firm

Free E-Book

I've Been in a Car Accident...
What Happens Now?

Get Your Copy

Tags

accident claim arizona Atlanta bicycle accidents brain injury Car Accidents car seats children Colorado compensation cycling accidents damages Denver drunk driving accidents DWI Florida Georgia guest post Houston industrial accidents insurance company landlord liability law schools lawsuits liability medical malpractice motorcycle accidents negligence personal injury personal injury lawyers pharmaceutical liability premises liability product liability safety settlement slip and falls statute of limitations students Tampa Texas tort toxic tort women workers' compensation wrongful death
Need money now?
Pre-settlement funding for plaintiffs of personal injury lawsuits
Contact us toll-free at (800) 908-6860 or Apply Online

What is Enjuris®?

A collection of resources to help people at a tough time in their lives. A place to share your story. A national directory of injury lawyers. Supporter of students, families, caregivers and our communities. How can I contribute?


Hire the right lawyer (800) 734-4134

Lawyer Directory
Car accident attorneys
Defective product attorneys
Personal injury attorneys
Medical malpractice attorneys
Wrongful death attorneys
Workers' compensation attorneys

Enjuris Partner Accident & Injury Lawyers

Tampa Personal Injury Attorneys
Lorenzo & Lorenzo (Tampa, Florida)
Tragos Sartes & Tragos (Clearwater, Florida)
The Babcock Law Firm (Denver, Colorado)
Gerber & Holder Law (Atlanta, Georgia)
Law Offices of Robert E. Wisniewski (Phoenix, Arizona)
Murphy Law Firm (Great Falls, Montana)


Law students

Enjuris' Student Center is a resource for all pre-law college students and current law students. Learn how to get ahead in your studies and the career field, as well be a guest contributor to our blog and apply for one of our scholarships.


Partner with us

If your goal is to help people after an accident or injury – or to prevent them in the first place – we'd love to hear from you! We look to work with educators, healthcare and recovery organizations, insurance providers, law firms and other organizations. Get in touch to see how we can work together. Learn more...


Are you a personal injury lawyer?

Login Add your Firm Lawyer online marketing Free resources for attorneys

Contact us today to get involved.
Services for attorneys
Personal Injury Law Firms Directory
Directory guidelines
Law firm SEO quote
Terms of Use



SEO Advantage®, Inc.    SEOLegal Division    3690 West Gandy Blvd., Suite 444    Tampa, FL 33611    Contact us today

Enjuris is a platform dedicated to helping people who are dealing with life-altering accidents and injuries. We support students, families, caregivers and communities with resources, personal stories and a national directory of injury lawyers. Read more about Enjuris.


Copyright © 2019 Enjuris.com. All rights reserved. Terms and conditions The accuracy, completeness, adequacy or currency of the content is not warranted or guaranteed. Our site and services are not substitutes for the advices or services of an attorney. We recommend you consult a lawyer or other appropriate professional if you want legal advice. Privacy policy.

SEOLegal.com