Legal Question in Workers Comp in New Hampshire
denied compensation claim
Can a workers compensation claim be denied because of a health problem that may have caused accident or may not have.I was injured in a fall at work and my workers compensation claim was denied because I am a diabetic and may have fallen because of low blood sugar. My employer new of this problem and I had already had incidents in which my blood sugar dropped which they new about and one in which I fell which a manager new about and one episode when they called an ambulance for me. none of the previous incidents caused an injury.
1 Answer from Attorneys
Re: denied compensation claim
To be a valid claim, your injury must "arise out of and during the course of" employment. Almost anything that happens at work fits this test, but a very few do not. Your situation may be denied as an "ideopathic" event--without known cause, and unrelated to your work except that it happened there rather than at home.
However, it is worth a challenge even if you are denied. A hearing at the Labor Department may be successful and is certainly appropriate.
If you wish, you can contact me for further advice at 603-433-1830.