Noncompensability means that your workers’ compensation case has not been “accepted” by your employer’s workers’ compensation insurance carrier, for one or more reasons. There are several legal and factual defenses an insurance company might raise to block your benefits. On the other hand, sometimes a carrier will automatically deny your claim “pending investigation”, which means that the carrier may accept your claim in the future if facts turn up that are beneficial to your case.

This is one of the reasons why an injured employee needs the assistance of a competent attorney well versed in workers’ compensation law and practice. Just because a carrier raises a defense does not mean that’s the end of the matter. There are many ways to defeat defenses, too many to go into here, and they all depends on a careful analysis of the totality of the facts and circumstances of your case. Remember, there is no magic bullet. All legal cases are different in the detail.