If your refinery injury claim has been unfairly denied, the most important thing you can do is contact an experienced refinery injury lawyer. A skilled attorney can protect your rights and fight to overturn the insurance company's decision.
The experienced Texas refinery injury attorneys at SJ Injury Attorneys are here to guide you through the process of fighting back against an unfair refinery injury claim denial. We're committed to protecting the rights of Houston and Pasadena refinery workers hurt on the job due to negligence.
Common Reasons Refinery Injury Claims Are Denied
Insurance companies are always looking for ways to minimize payouts and protect their bottom line. Some of the most common reasons they try to deny refinery injury claims include:
- Blaming the victim. The insurer may argue that your own actions caused or contributed to your injuries. However, even if you made a small mistake, your employer is still liable if they failed to provide proper safety equipment, training, or supervision.
- Downplaying the severity of injuries. Insurance adjusters often try to suggest injuries aren't as serious as claimed to avoid paying for necessary medical treatment and time off work. We work with trusted medical experts to thoroughly document the extent of your injuries and fight for the full compensation you deserve.
- Questioning the connection to work. If you have a preexisting condition or didn't report the injury right away, the insurer might argue your injury isn't work-related. However, your employer is still responsible if work conditions aggravated an existing issue or if you were too seriously hurt to immediately notify them of the incident.
- Disputing the circumstances. The insurance company may claim the accident didn't happen as you described if there are no witnesses or surveillance footage. However, a lack of direct evidence doesn't negate your claim. We can gather medical records, maintenance logs, and expert testimony to support your account of events.
Don't simply accept the insurance company's reasoning for denying your refinery injury claim. Speak with an experienced industrial accident lawyer who can evaluate the situation and explain your legal options for fighting an unfair denial.
Gathering Evidence to Support Your Refinery Injury Claim
Building a strong case is essential for getting a denied refinery injury claim overturned. Some key pieces of evidence your attorney will gather may include:
- Medical records. Doctor's notes, imaging scans, blood tests, and other medical documentation help paint a clear picture of the severity of your injuries and the treatment required. Be sure to attend all follow-up appointments so there are no gaps in your records.
- Accident reports. Your lawyer will obtain copies of any internal accident reports, OSHA investigations, or other official documentation of the incident. These can provide valuable insight into the circumstances surrounding your injury.
- Witness statements. Testimony from coworkers who saw the accident or can speak to unsafe conditions at the refinery can significantly bolster your case. Your attorney will identify and interview potential witnesses on your behalf.
- Expert analysis. In complex cases, your lawyer may consult with industrial safety experts, engineers, or accident reconstruction specialists. Their professional insights can help establish how the refinery's negligence led to your injuries.
- Maintenance records. If faulty equipment played a role in your accident, maintenance logs can reveal if the refinery failed to perform necessary repairs or routine inspections, contributing to the dangerous conditions.
Remember, you don't have to gather this evidence alone. An experienced refinery injury lawyer will have the resources and experience to help you challenge a denied claim.
Taking Legal Action to Overturn a Denied Refinery Injury Claim
If the insurance company refuses to reconsider its denial, you may need to take legal action to fight for the compensation you deserve. Your attorney may recommend:
- Filing an appeal. Your lawyer will gather evidence, draft a persuasive appeal letter, and present your case to the insurance company, explaining why their denial was unjustified and demanding a fair settlement.
- Negotiating a settlement. Sometimes, the threat of litigation is enough to bring the insurer back to the negotiating table. Your attorney will use their legal knowledge and negotiation skills to advocate for a settlement that covers your medical bills, lost wages, and other damages.
- Filing a lawsuit. If the insurer still won't budge, your lawyer may advise filing a lawsuit to have a judge or jury decide your case. While this process takes longer, it sends a strong message that you refuse to back down.
Throughout the process, your refinery injury lawyer will provide honest advice on the strengths and weaknesses of your case, empowering you to make informed decisions. You'll have a dedicated legal advocate in your corner every step of the way.