What are Compensable vs Non-compensable Injuries in a Workers' Compensation Case

September 30, 2016 | By Bailey & Galyen Attorneys at Law
What are Compensable vs Non-compensable Injuries in a Workers’ Compensation Case

If you have an accepted workers' compensation claim, 'compensable injury' is something you need to know. If the insurance carrier acknowledges and accepts that you sustained a work-related injury, the compensable injury is the actual injury that they have accepted and will cover medical treatment for.

Non-compensable injuries are injuries the carrier does not accept as being caused by the work-related incident. The carrier will not cover nor pay for any medical treatment or diagnosis it has not accepted.

How do you know what injuries are covered? The carrier must file a 'Plain Language Notice' (PLN) form that disputes the injuries that they feel are not part of the compensable injury. You and your doctor should receive this in the event there is a dispute over what injuries are compensable (accepted) or non-compensable (disputed).

The carrier will often accept a strain or sprain but deny that a tear or a herniated disc is related and deem it "pre-existing." You will be appalled at the numerous reasons they give and how many times they deny the more serious injuries. You will probably say, "Pre-existing? I've NEVER had any problems with my [insert body part] in my life! How is it pre-existing?"

Anytime you feel that the insurance carrier is not covering all your injuries, you need to seek assistance at once. Lifetime medical benefits are at stake and all injuries suffered from your work-related accident should be made compensable.

Have Questions About Compensable & Non-Compensable Claims?

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