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What Should I Do if my Worker\’s Compensation Claim is Denied?

If you were injured on the job, you have certain rights. One of them is to get worker\’s compensation. Not only does this cover any of your medical expenses, but you should also get some extra money to cover any of your expenses that you may have due to missing work. You should receive some money since you won\’t be receiving a paycheck for several weeks (or even months).

That being said, there are times when worker\’s compensation claims are denied. Though you may think that there is nothing that you can do, that couldn\’t be farther from the truth. So, what should you do if your claim is denied?

First, you need to figure out why your claims were denied.

When your claims are denied, you should receive a letter in the mail explaining the reason behind in. Some common reasons claims are denied are:

  • You didn\’t get hurt at work.
  • Your injury wasn\’t due to your job, or it was idiopathic. Your injury just happened and work had nothing to do with it. For example, your knee gives out at work with no explanation.You are going to need to collect evidence that your injuries were due to an injury at work.
  • Your injury didn\’t require medical attention or time off of work. You can\’t have a worker\’s compensation claim if you weren\’t injured enough to take time off of work to visit a medical professional!
  • Your condition was due to a preexisting condition. This usually means work did not cause your injury.
  • You didn\’t report the injury right away or filed the claim in a timely fashion. Timing is everything when it comes to reporting injuries and filing claims. There are many exceptions to the notice requirements.
  • You were intoxicated or under the influence of drugs when you were injured.  This alone is not a valid defense. The intoxication must have caused the injury.
  • You were not an employee covered by Work Comp.  In some cases, you may have been considered an independent contractor and therefore not covered by work comp.  Oftentimes, people are considered an independent contractor for tax reasons but still are employees for work comp purposes. So, do not accept this determination without investigating further.

If your claim is being denied, it is best to talk to a lawyer.  There could be an error in the paperwork or a misunderstanding. Or, there could be more significant issues with your case. This must be done in a timely fashion. It is important that you know that it isn\’t always an easy process, and it can take weeks and months to resolve.

You are going to need to collect evidence. You need to start collecting documentation to help you with your case. You should call your doctor to get any of your medical records. You may even want to have your timesheet so you can prove that you were working when the injury occurred. Think about any other evidence that you may need for your case.

Talk to an experienced lawyer. It is essential that you have a good lawyer on your side. He or she will be able to talk about your case. Your lawyer will have more information about why your claims were denied and what you need to appeal the case. He or she will help you collect the evidence that you need to make sure that you win your case.

The appeal process can be long and complicated, and your lawyer will be able to help you through it every step of the way!

When your claim is denied, the first step is to figure out why. It might be something that you can talk to your employer about. Many clerical issues happen that can easily be fixed. However, it might be something more. You should consult with a lawyer to decide what is the best step for you to take. If you do decide to proceed, he or she will be with you every step of the way.

Contact us for all of your legal needs.


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