Can a company deny workmans comp if you were injured on the job doing work related duties?

Asked almost 4 years ago - Wichita, KS

I was squatting down to perform a task at work when my knee popped causing extreme pain. They did file a claim and asked if I wanted to go to a doctor. I said yes and was told by the doctor that I may have torn the cartilage in my knee. I am now off work with crutches, a brace, and a pissed off boss. Before I left work for the doctor my boss said "This wasn't really an accident, it was just your body and we might decide not to cover it. You could be on your own with this". Can they deny workmans comp coverage if I was on the clock performing job duties, not under the influence, not being irresponsible/unsafe when it happened?

Attorney answers (4)

  1. Roger A. Riedmiller

    Contributor Level 9

    Answered . They could deny your claim if the injury were as a result of activities of daily living. The two lawyers that tried to answer this question already would know that if they are licensed and practicing in Kansas handling workers compensation claims here. In order to get out from underneath this statutory defense, all you need to prove is that this activity was not a personal risk but was unique to employment. One way to prove that is if this activity that caused you to suffer an injury was something you did regularly at work and not at home. You really need to get a Kansas workers compensation lawyer right away to prove your case.

  2. Andrew Daniel Myers

    Contributor Level 20

    Answered . Yes, they 'can' deny your claim, the first thing any insurance company will do is look for an excuse to delay, deny or defend against any claim. However, you 'can' actively dispute the arrogant decision of the insurance company and turn things around.

    Anyone injured in the course of employment should retain a workers compensation attorney. Workers compensation attorneys do not charge for an initial consultation and most fees are paid directly by the insurance company. An attorney representing you has a duty to pursue all benefits due to you. Insurance company claims adjusters are not going to notify you as to all of the benefits to which you are entitled. Their interest is to close the file as early and efficiently – to them – as possible.

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

  3. Gerald Gregory Lutkenhaus

    Contributor Level 18

    Answered . Whether squatting constitutes a compensable accident depends on your state law's definition of accident. File a claim with your state WC agency and contact a WC lawyer.

    This is based on 35 years of experience as a Richmond Virginia WC Lawyer.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.

  4. Evan Michael Ostfeld

    Contributor Level 11

    Answered . Hire an attorney ASAP! Every state is different. I practice in FL. Many time, the Ins Company Adjusters won't even tell U the whole truth, flat out lie and or try to intimidate injured workers.
    Do not let that happen to you.

    If you need a referral, feel free to call me. Good Luck! (866) I SUE YOU (478-3968). www.attorneys4life.com.

    Evan in FLA

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