If were injured in the workplace and have applied for worker's compensation only to have your claim denied, then it's important that you don't just hang up your hat and give up. Worker's comp claims can be denied for a number of reasons, and usually if you take some time to analyze why your claim was denied, you can re-apply and successfully have your claim approved. Here's a look at the common reasons claims are denied and what you should do in each case.
Reason: Your employer disputes the claim.
After you file a worker's compensation claim, the compensation board must check with your employer to be sure they agree that the accident occurred at work and led to your injury. If your employer disputes this, then your claim will be denied. When this happens, it's important that you contact a worker's compensation attorney immediately. They will help you gather up evidence to prove that you were, in fact, injured on the job. As long as you have proof of this, this should over-ride your employer's dispute, and your claim should be approved.
Reason: You did not file on time.
Worker's compensation claims must usually be filed shortly after an accident occurs. Just how long you have to file depends on the state. In some states, you may have only a week. In other states, you could have a month or more. If you don't file soon enough, your claim may be denied. However, you can still appeal this with the help of an attorney. Your attorney can argue that your injuries or other circumstances prevented you from filing on time, persuading the worker's comp board to consider your claim even though it was technically late.
Reason: You did not show proof that your injuries were severe enough.
In order to qualify for worker's comp, your injuries must usually be severe enough to interfere with your well-being. To prove the severity of your injuries, you typically must include a detailed doctor's report with your claim. If your claim was denied because your injuries were not deemed "severe enough," contact your doctor. Ask them to write up a more detailed report that includes the specific limitations your injuries have placed on your ability to live and work. Include this report in your appealed claim, and you should have an easier time getting the claim accepted.
For more help appealing a denied worker's comp claim, contact an attorney in your area, such as one from Rizzi Law Group.Share