Did you know that the most common workplace injuries are from overexertion and slip and falls? They account for about 75% of all non-fatal workplace injuries.
Different workplaces have different levels of risk. You can be exposed to radiation, asbestos, electricity, or any other harmful substances. When you are dealing with a workplace injury, the first thing you need to do is make a workers’ compensation claim.
Workers’ compensation will cover you for medical fees and the time off you take for your recovery. In some cases, you can end up with a denied workers’ compensation claim.
If that’s the case, don’t panic. Simply continue reading, and we will take you through steps you can take when you have been denied workers’ compensation benefits.
When Would You Deal With A Denied Workers Comp Claim?
Let us just take a minute to talk about why you would have a denied workers’ compensation claim. First, you need to understand that workers’ compensation is an insurance that the employers pay for. What that means is that you are dealing with an insurance company whose job is to make the lowest payment possible.
The insurance company will take steps to review your claim and may find issues. This can be something as simple as not correctly filing all the paperwork. It can also be more complicated where the insurer claims that you didn’t receive the medical treatment you are claiming or that you didn’t get the injury while at work.
Claiming workers’ comp is essential to your needs. You need to pay your medical bills and your daily expenses. A denied workers’ compensation claim can be exhausting to deal with when you already have so many other stressful daily things to deal with.
Step to Take When Your Workers’ Comp Has Been Denied
Now that you know when your workers’ compensation claim can be denied, let’s discuss what steps you can take. A denied workers’ compensation claim doesn’t mean it’s the end of your rights. You have many different avenues available to you.
Talk to the Insurer
First, you need to talk to the insurer. The insurance company follows its own rules and regulations for denying workers’ compensation claims. Sometimes, the denial is a simple mistake in the paperwork.
Before you get worked up, take the step to contact the insurer. Understand why they are denying your workers’ compensation claim. If it’s something simple, you can rectify it immediately.
Contact a Workers Comp Attorney Immediately
Sometimes the insurer’s reasons for denying the workers’ compensation claim are inaccurate or they are not listening to your explanations. It is already a very stressful time for you and dealing with insurance companies is even more stressful. In such a case, you need to consider other steps such as contacting an attorney experienced in handling workers’ compensation claim.
Working with an experienced and skilled workers’ compensation attorney can make all the difference. You are going up against an insurance company and its lawyers. You want to be prepared by having strong legal support on your end.
It’s all about finding the right workers comp attorney. Your workers’ compensation attorney should be competent, experienced, and committed to your case.
Your workers’ compensation attorney will help you understand your case. They’ll answer all your questions without pressuring you. The most important thing is that they should be honest and upfront without overexaggerating the benefits of your case.
Filing A Claim
Your workers’ compensation attorney will also help you file a claim for benefits. You can be in a situation where there isn’t enough evidence provided or you have made some mistake on your initial request. No matter what the reason, the first thing you want to do is file a formal claim with the State Board of Workers’ Compensation.
The denial letter you get from the insurer may set out a deadline for filing a claim. The claims process is different for different states. Rather than trying to understand the process, you want to make sure that you have the right legal representation to do the heavy lifting for you.
Get Evidence for Your Hearing
Where a request for benefits is denied, you will have to seek a hearing before an administrative law judge. You will need to spend some time gathering evidence in support of your claim.
The evidence you need will depend on the argument the insurer makes for denying your workers’ compensation claim. For example, they can claim that you didn’t get the injuries at work. In that case, you need to show evidence supporting that you received the injuries at work including:
Paystub to show you worked those days
Photographs or other proof
Testimony from colleagues who were there when you got injured
Letter from your employer confirming you were working
The evidence that you need will change depending on what the insurer claims. In any case, you want to make sure you are as prepared as you can be.
Understand Your Settlement Options
At the end of the day, you want to understand your settlement options. Yes, the insurer may refuse to settle. But, with the right workers’ compensation attorney, you could be looking at a settlement soon.
You could be looking at a lump sum settlement with all costs included. You could also have a structured settlement where smaller amounts are paid over a period. The decision may not always be up to you, but you should discuss your options with your workers’ compensation attorney.
Contact Your Workers Comp Attorney Today
A denied workers’ compensation claim can be stressful and exhausting to deal with. But don’t despair. By taking these simple steps, you can start the process of filing a claim and seeking your benefits.
A top-quality workers’ compensation attorney on your side can make a huge difference for you and your health. Contact us today for a free consultation and you will get an attorney with 26 years of experience handling workers’ compensation claims. Remember we take on workers’ compensation cases on a contingency basis, so you only pay once we recover benefits for you!