What to Do If Your Workers’ Comp Claim is Denied
If you’ve been injured or have fallen ill in a work-related accident, you may feel relieved when you discover that your employer has workers compensation insurance to provide a cushion while you recover. But what happens when your workers’ comp claim is denied?
Though you may be feeling hopeless after a denial, the reality is that many individuals have their workers’ comp claims denied the first time, and the letter you receive will typically tell you why. Fortunately, you have a chance to file an appeal – a personal injury lawyer who is well-versed in workers’ comp claims can help. The first step towards correcting your claim is to consider the reasons for its denial so you can make changes.
Common Reasons for Denials
Many employers and their insurance companies will look for reasons to deny workers’ comp claims to avoid having to pay employees.
Common reasons for claim denials include:
- Filing a claim after leaving a job: Many claims are denied if they were filed after the worker was laid off, fired, or quit, but you may be able to contest the denial if you reported the injury while on the job or were fired in retaliation for reporting the injury. It’s important to learn about your state’s workers’ comp rules regarding filing claims after leaving your job.
- Your condition is restricted by your state: Some states have restrictions that don’t allow workers to file claims for psychological injuries, such as trauma, or your injuries may not be serious enough to meet your state’s requirements for a claim.
- Missing a deadline: Workers must report their injuries to employers immediately, and some states have specific time limits for both reporting injuries and filing claims. Missing a deadline can prevent your claim from being accepted.
- Lack of evidence showing your injury is work-related: Your employer or their insurance company can use a variety of tactics to deny your grounds for workers’ comp benefits, including claiming that you weren’t working when you were injured or your condition wasn’t directly caused by your workplace. In this case, you’d need to gather more evidence, like a doctor’s report, to support your claim.
What to Do After a Denial
Once your claim has been denied, it’s crucial that you hire a personal injury attorney who can analyze your denial and determine whether an appeal is your best next step. Appeals are complicated and require specific kinds of evidence that only trained legal professionals know how to collect. By hiring an attorney to help you file an appeal before a judge, you can focus on healing while your legal team strategizes to achieve your owed compensation.
Over $200 Million Recovered for Clients
At Price Petho & Associates P.L.L.C., our personal injury team is committed to helping you heal and move forward after you’ve been injured in an accident. You don’t deserve to suffer as a result of someone else’s negligence. In addition to your injuries, you may also have accrued a financial debt – we can hold the guilty responsible for their actions so you can recover damages such as medical bills, lost wages, property damage, and pain and suffering. We’re also available to help clients achieve the workers’ compensation benefits they’re entitled to if they were injured in a workplace accident. With hundreds of cases tried in the courtroom, we’re not afraid to go up against employers and insurance companies to seek justice on your behalf.
If you’ve been injured in a work-related accident, you may be entitled to workers’ compensation benefits. To get started on your claim or appeal, call Price Petho & Associates P.L.L.C. at (704) 850-6322, or contact us online. Our personal injury team is dedicated to getting you the financial compensation you need.