What Can I Do If My Workers’ Compensation Claim Is Denied?

Workers Compensation Lawyer

When injuries or accidents occur in the workplace, the most critical first step is to ensure that an injured or ill employee receives the care they need immediately. The employee or someones who represents for them should notify the employer about the work-related injury or illness as soon as possible.

Next, an employer will likely contact their workers’ compensation insurance provider and submit a claim. However, employers and their insurance companies are worried about their bottom line, and you would be well-advised to hire the services of a workers’ compensation attorney to help you navigate the workers’ comp claim system.

What can I do if my claim is denied?

As stated above, workers’ compensation claims are typically processed through the insurance policy that an employer has purchased. It takes effect when an employee becomes injured while working for a company. However, it is not unusual for a claim to be denied. If this occurs, you will want to know how to proceed to bring the claim to the most favorable outcome for your situation.

Contacting a workers’ compensation lawyer for assistance is usually a wise move so that you are made aware of your options. An attorney can analyze your claim and determine if any discrepancies or mistakes were made upon the original filing. Don’t take the employer’s or the insurance company’s word that everything is “handled,” or accept a settlement offer until a legal professional reviews your case.

Why are claims denied?

Regrettably, there are numerous reasons why claims may be denied. These could be because the worker was not actually working at the time of the injury, or if the employee was hurt when out at lunch or away from the building. Common reasons for denial include:

  • The claim was not filed or reported within the time restrictions associated with these particular compensation claims. An injured worker should report the incident immediately and ensure that a supervisor is aware of the event.
  • The claim has been disputed. This might happen because of the circumstances surrounding the accident or injury, such as it may not have occurred at work or during the time frame in which the employee was working for the company. Plus, if the situation involves an illness, the employer may contend that it was not due to a workplace accident or the result of work duties.  

For situations where a denial has been made, it is essential for you and your attorney to gather more evidence in support of your workers’ compensation claim and the details of the incident that causes the injury. Accounts provided by other witnesses and statements given by a medical professional about the workplace conditions can provide substantial evidence.

Why consult with a lawyer for denied workers’ compensation claims?

Don’t give up if a denial occurs. Seek legal assistance from a workers’ comp attorney to help you understand what rights and options are available to you and if you can still get compensated after you’ve received a letter of denial. It is crucial to start this process quickly, so contact a lawyer to set up a consultation right away.

Source: Workers Compensation Lawyer Towson, MD, Greenberg Law Offices

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