When you’re hurt on the job, the expectation is simple: you should receive medical help, wage support, and a pathway to recovery through workers compensation benefits. But what happens when a clerical mistake, like a background check error, causes unnecessary delays in your claim? The truth is, these errors are more common than most people realize—and they can lead to life-altering payment delays, denied treatment, and prolonged suffering. So, do you need a lawyer after a background check error delays your workers’ comp benefits?
The short answer is yes. Legal representation may be the only way to correct inaccuracies, challenge denials, and restore your access to the benefits you deserve.
In the complex cases for the workers compensation system, even small administrative mistakes can quickly become major legal and financial barriers—unless you have an advocate on your side. However, you need to learn what the workers’ compensation claim could include.
How Workers Compensation Is Supposed to Work
The workers compensation process is based on a no-fault system. This means that if you suffer a work-related injury or develop a work-related illness, you are generally entitled to medical treatment, wage replacement, and disability benefits—regardless of who was at fault.
These benefits are meant to cover medical bills, compensate for lost wages, and support your recovery. Under this system, workers compensation insurance provided by your employer covers expenses.
This makes the workers comp claim process to get coverage. In some cases, the injured workers hesitate, although they need workers compensation for:
- Medical care and rehabilitation
- Partial wage replacement during time off
- Benefits for temporary total disability, temporary partial disability, or permanent disability
- Death benefits for survivors in fatal injury cases
Unfortunately, the claims process does not always operate as smoothly as it should. The financial support can be life-changing for most individuals. However, organisations that delay paying the rightful amount make legal arguments.
This is where an experienced lawyer helps in filing appeals and getting the rightful compensation from the company. Even in cases involving worker comp for remote workers, the attorneys can be of great help.
How Background Check Errors Delay Benefits
While rare, background check errors can send your workers comp claim into a tailspin. These errors may flag issues in your employment history, question your identity, or suggest that your injury occurred outside your current role.
Even if the issue is completely unfounded, it can cause your insurance company, workers compensation carrier, or insurance adjuster to pause your claim while they “investigate.”
In this situation, you’re left waiting—without income, without coverage for your medical appointments, and without a clear idea of when (or if) your workers compensation payments will resume.
For injured workers, this isn’t just a minor setback. It can mean:
- Delayed medical treatment and pain management
- Missed opportunities for early intervention
- Mounting medical bills and household expenses
- Emotional stress and uncertainty
- Extended time off work without wage loss benefits
Errors in your records should never determine your access to benefits, but unfortunately, they often do. Some people also wonder if they can retire while on workers compensation benefits, but never do because they don’t know the details.
Why Legal Representation Makes the Difference
When a background check error triggers a claim delay, the burden often falls on the injured employee to prove they’re entitled to benefits. This is where having an experienced workers’ compensation attorney becomes essential.
A skilled employment lawyer can:
- Identify and correct inaccurate information quickly
- Provide clear evidence of your employment status and workplace injury
- Ensure your medical records and medical evidence are accurately submitted
- Push back against stalling tactics used by the insurance carrier
- Represent you before the workers’ compensation board
- Pursue your right to full workers’ comp benefits without delay
Many workers aren’t aware that the claims process is tilted in favor of employers and insurers. Adjusters often look for reasons to minimize payouts, and background check inconsistencies give them a reason to delay or even deny your claim.
An experienced workers’ comp attorney will hold them accountable and help you recover the benefits you’re legally entitled to.
Impact on Medical Treatment and Appointments
When your claim is held up due to administrative issues, your medical care is often one of the first things affected. Delays in approval can prevent you from seeing your preferred healthcare provider, accessing tests, or receiving surgery, medication, or therapy.
If your workers compensation adjuster is waiting to clear up the error, they may deny payment for upcoming medical appointments or refuse to approve additional care. This can lead to:
- Worsening injuries due to a lack of timely treatment
- Higher medical costs from complications
- Missed work and increased financial hardship
- Delayed assessment of maximum medical improvement (MMI)
A workers comp lawyer steps in to demand that your rights to care and reimbursement are upheld—regardless of clerical mix-ups.
Wage Loss and Financial Consequences
The longer your workers comp claim remains in limbo, the more income you may lose. You could miss weeks or even months of pay while you recover. Without workers compensation payments, it’s not uncommon for injured workers to face eviction, missed bills, or other major disruptions to their lives.
Workers compensation benefits are designed to provide a financial safety net through:
- Temporary total disability or temporary partial disability payments
- Long-term permanent partial disability or permanent disability support
- Reimbursement for out-of-pocket expenses and travel to treatment
- Wage replacement for time off due to injury
If your benefits are delayed or underpaid due to a record issue, a workers comp attorney can help recover lost wages and ensure future workers comp payments are accurate and timely.
When Your Claim Is Denied
A background check error may be used as justification for a claim denial, especially if the insurer believes the information casts doubt on your claim’s validity. When that happens, you’ll need to enter the appeals process, which involves:
- Requesting a formal hearing with the workers compensation board
- Submitting supporting documents and medical opinions
- Preparing legal arguments that clarify the issue
- Presenting evidence about your injury, employment, and treatment history
This process can be daunting, especially while you’re recovering. An experienced workers compensation lawyer ensures everything is filed correctly, deadlines are met, and your case is backed by strong documentation and clear legal reasoning.
Employer Disputes and Light Duty Assignments
In some cases, your employer may use a background check discrepancy to argue you weren’t a legitimate employee or claim your injury didn’t happen during your shift.
They may even offer light-duty tasks to discredit your disability benefits eligibility or pressure you to return before you’re ready.
A lawyer ensures that your case is decided by medical evidence, not employer bias. Your medical records and medical opinions should guide your return-to-work timeline, not pressure from management or misinformation.
You Still Have Rights—Even If There’s a Delay
It’s important to know that nearly all workers in the U.S. are covered by workers compensation laws. Even if your employment history is flagged, a single mistake in your records shouldn’t strip you of your legal protections.
By working with an experienced attorney, you can:
- Fix background errors quickly
- Keep your claim status active
- Access timely medical care and treatment
- Ensure you’re paid for every eligible week of recovery
- File appeals if needed without risking procedural mistakes
Get Legal Assistance Without Upfront Costs
Most workers comp lawyers work on a contingency basis, meaning they don’t get paid unless you win your case or reach a settlement. This makes it possible to get strong legal assistance, even if you’re currently without income.
Whether you’re dealing with a workplace accident falling under premises liability, occupational diseases, or administrative error, speaking to an experienced workers comp attorney can make all the difference in your recovery process.
Free Consultation With Bourassa Law Group
If a background check error is delaying your workers compensation benefits, don’t wait. These delays can lead to denied care, missed income, and mounting stress. Let a professional legal team at Bourassa Law Group guide you through the system, protect your rights, and get your benefits back on track.
Contact Bourassa Law Group today for a free consultation. Our employment attorneys understand the real impact of payment delays, claim denials, and administrative obstacles. We’ll fight for your health, your income, and your future. Let us help you reclaim the benefits you’ve earned—and deserve.
1-800-870-8910