Be very careful when filling out any application or pre-employment questionnaire. Most people do not realize the potential future impact of how they fill out , check the box, type of questions on an application/questionnaire. Employers and Insurance companies look for any reason that they can to deny workers’ compensation benefits and they have been especially harsh lately when dealing with pre-existing conditions. If they can misconstrue your answers to mean that you were not being completely honest they will then later claim that there was fraud in the application and therefore they do not have to provide you with workers’ compensation benefits. I personally have seen a claim denied because someone checked the wrong box or did not know their rating and failed to list it.
However, there are ways to get around these vague and sometimes ambiguous applications. You must have knowingly and willfully made the false representation as to your physical condition, the employer must have relied upon the false representation and there must be a causal connection between the false representation and the injury. But, it really is better to be safe rather than sorry in this instance and better to try your best at disclosing anything that could be later turned against you. The insurance companies are looking for any loopholes in the system they can find.
But, if you find yourself in this situation and an insurance company is trying to bar your right to benefits contact a workers’ compensation attorney as soon as possible. It’s better to head off these types of denials in the beginning. We at Callihan Lohr and Syracuse have dealt with the strong arm tactics of the big insurance companies and will do everything we can to protect your rights and obtain for you the benefits that are rightfully yours by law. Call us today at 843-790-3476 or click
Melissa C. Syracuse, Attorney