Work-related accidents and injuries are fairly common. The construction worker who overexerts himself and pulls a muscle. The nursing aide who slips on a wet floor. The traveling business associate who gets into a car accident on his way to a meeting. If you’ve sustained an injury while on the job and your workers’ compensation claim has been denied, you have the right to appeal that decision, requesting review and reconsideration of the original ruling.
Why Was Your Claim Denied In The First Place?
The reasons for a claim denial are broad and varied. For example, your workers’ comp claim may have been denied over a dispute as to when and where your accident took place. If your employer believes that you were injured on your lunch break or while off of the premises, they will most likely deny the claim.
Your health provider may conclude that your pain and suffering was actually caused by a preexisting injury or condition, or they may assert that you didn’t sustain any injuries at all. They might also conclude that you weren’t actually disabled as a result of the accident and are capable of resuming all normal occupational activities. Regardless of the reason behind the claim denial, you can and should appeal if your work-related injury has left you with physical damage.
Appeal A Denied Claim By Following These Steps
- Reach out to your insurer and figure out the exact reason why your benefits were denied. The reason could be a simple case of human error – perhaps you failed to notify your employer of your injury within the specified timeframe, or a single document is missing. If this is the case, you should be able to correct these mishaps and proceed with the claim.
- Most states have a specific application form that’s needed to begin the appeal process. When you’re ready to appeal, obtain the necessary paperwork and make sure to keep track of important filing deadlines.
- Begin gathering relevant evidence. Locate witnesses who observed the accident take place. Compile medical records that validate the extent of your injury. Your workers’ compensation appeal is similar to a court trial – you’ll need to submit compelling evidence that proves your claim of injury.
- Contact an attorney who’s familiar with the workers’ comp process. While it isn’t mandatory to have an attorney when appealing a denied claim, it typically increases your chance of success. Since workers’ comp lawyers are paid with a small portion of the benefits you receive from your claim, you don’t have to worry about any financial strain associated with attorney fees.
If your workers’ compensation claim has been denied, contact us today, so the attorneys at Gold, Albanese & Barletti, L.L.C. can assist you throughout the entire appeal proceeding and get you the benefits you deserve.