Understanding What To Do After A Workers' Comp Denial

Law Blog

If you were injured at work, then you are eligible to receive workers' compensation benefits. The workers' compensation process can be confusing and downright scary for some individuals. This may be even truer if you are hit with a rejection the first time you apply for workers' compensation. If this happens to you, then there are a few things that you absolutely should do afterward.

Do Not Panic

Some people panic when they discover that their workers' compensation claim was denied. Some individuals may even decide to give up completely and to stop pursuing the claim. However, this is definitely not something you should do. In fact, many rejections occur due to simple mistakes. For example, you may have failed to include a piece of important paperwork, like the assessment of your physician stating that the injury occurred how you claimed and that the injury was in fact work related. If you forgot to include the evaluation from your physician, then the claim may be denied on the grounds that there is a dispute over whether an injury occurred. Also, the denial may be based on the fact that there is no proof that the injury occurred at work. 

Contact the insurer in charge of the workers' compensation claim to ask exactly why the claim was denied, if paperwork was missing, and if the claim can be reconsidered if the appropriate paperwork is included. You may simply be able to send in the correct paperwork to settle the problem.

File A Formal Appeal

If the insurance company handling the case does not provide you with a simple explanation for the rejection that can be rectified through paperwork, doctor's appointments, or personal statements, then you may need to file a formal workers' compensation appeal. You will need to file the appeal with the workers compensation appeals board in your state. The appeal will go through the judicial system and your case will be decided by the workers' compensation appeals board. This is an official legal process, so it is best to work with a workers compensation attorney.

If you do not work with an attorney, you should know that you will need to follow a specific timeline when it comes to filing your appeal. Include all pertinent documentation with the appeal. You will need to wait for a court date afterwards. Make sure to attend this date and be prepared to testify about your injury.

For more information on choosing a workers' compensation attorney near you, check out a company like Bishop Dorfman Kroupa & Bishop PC


13 May 2017

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