Denied Workers Comp Claim?
Certified Workers Compensation Lawyer.
Even if you’ve been hurt on the job, your workers’ compensation claim may likely be denied. If you have an illness or pain that became more severe with time, such as carpal tunnel syndrome, mesothelioma, cancer, or persistent stress that triggered a work-related heart attack, you’ll have an even harder time proving your injury to workers comp insurance providers.
When they don’t believe you, you’ll end up with a rejected claim and no settlement to help you recover.
I understand the frustration and uncertainty you may feel if your claim has been denied. However, don’t lose hope just yet, as there are steps you can take to address the situation.
In this guide, we’ll walk you through the process of dealing with a denied claim and shed light on how a Workers’ Comp lawyer can assist you during this challenging time.
What do I do if my workers’ compensation claim was denied?
STEP 1: Stay Calm and Gather Information
Take a deep breath and remain composed. Start by gathering all the relevant documents related to your claim, such as medical records, incident reports, and communication with your employer or insurance company. These will be essential for building your case moving forward.
STEP 2: Review the Denial Letter
Carefully read the denial letter from the insurance company. It should specify the reasons for the denial. Understanding their rationale will help you and your lawyer identify the best approach for appealing the decision.
STEP 3: Contact Your Employer or Insurance Company
Reach out to your employer or their insurance representative to discuss the denial and seek clarification on the reasons behind it. Sometimes, issues can be resolved through communication, and it is essential to maintain a cordial relationship during this process.
STEP 4: File an Appeal
If communication with your employer or insurer doesn’t yield results, it’s time to file an appeal. Your denial letter should provide instructions on how to appeal the decision. Adhere to those guidelines and ensure you meet the appeal deadline. Your Workers’ Comp lawyer can be instrumental during this stage.
How can a Workers’ Comp Lawyer help with my denied claim?
- Expertise: We specialize in Workers’ Compensation law and understand the intricacies of the system, ensuring that your appeal is built on strong legal grounds.
- Evidence Gathering: We will help collect vital evidence, such as medical records and witness testimonies, to bolster your case and refute the reasons for the denial.
- Negotiation: We will engage in negotiations with the insurance company to reach a fair settlement that covers your medical expenses, lost wages, and other benefits you may be entitled to.
- Representation in Hearings: If your case proceeds to a hearing, we’ll be your advocate in presenting your case before a judge, making sure your rights are protected.
- Appeals Process: Should the initial appeal be unsuccessful, we can guide you through further appeals and, if necessary, to court.
Frequently asked questions
How long do I have to file an appeal?
The time frame for filing an appeal varies depending on your jurisdiction. It is crucial to check your denial letter for the specific deadline or consult your Workers’ Comp lawyer promptly.
Can I handle the appeal on my own?
While you can represent yourself during the appeal process, having an experienced Workers’ Comp lawyer by your side can significantly increase your chances of success. They possess in-depth knowledge of the laws and can navigate the complexities of the legal system on your behalf.
How much will hiring a workers' comp lawyer cost me?
We work on a contingency fee basis, which means we only get paid if we win your case. The fee is typically a percentage of the benefits you receive, making legal representation affordable and accessible for many individuals.
Often, the BWC denies your comp claim because you just didn’t fill out the form properly. Either way, the burden of reinstatement is now on you; we presume that is why you are here. Together, we will get it done.
We’re not intimidated by the BWC or your employer and will convince them to take your work injuries seriously, even if work caused a flare-up of a pre-existing injury or condition. We’ll help you properly document every detail of your work injury or aggravation of old pain; from documenting tasks and times to photographing your workstation. This evidence is valuable at your workers’ compensation hearing and can make or break your case.
Don’t let a dismissive boss, the BWC, or doctor bully you to think that your pain or illness isn’t work-related. Take action with a highly-experienced Columbus workers’ compensation attorney in your corner. If you have a denied workers comp claim, call the Columbus office of Thomas Marchese at 614-486-3249 or use our contact form for a free consultation. Of course, our discussion is confidential and there is no obligation.