What Happens When You're Denied Workers Compensation?
The purpose of workers compensation is to protect workers from financial losses when they are injured while working for their employer. However, workers compensation claims are not always approved. It's possible that your claim will be denied, which will leave you wondering what the next step is. Here is what you need to do if your claim is denied.
Determine The Reasons For Denial
You'll want to start by figuring out why you were denied workers compensation. Denials happen for a variety of different reasons, some of which you may be responsible for. For example, you may have not reported the injury within the time limits, you may not have provided sufficient evidence that your injury happened at work, or you filed a workers compensation claim for an injury that didn't qualify because of where the injury happened. You must know why your claim was denied before you can appeal it.
Hire A Workers Compensation Lawyer
It's a good idea to reach out to a local workers compensation lawyer in your area for a consultation. They are going to review your claim, verify why it was denied, and determine if you have the ability to appeal it. The lawyer can even handle the communication between you and the workers compensation insurance provider.
Gather New Evidence
It is likely that your appeal was denied due to some lack of evidence on your part. This includes witness statements, medical documentation, and anything else relevant to your claim. You'll need to gather all of this new evidence before you move forward with an appeal.
File An Appeal
You need to officially start the appeals process if you feel like you have a solid case. You'll be guided through the process of how to file an appeal by your lawyer, and they will ensure everything is done properly this time around. Keep in mind that there are time frames for how long you have to file an appeal after the original claim was denied.
Your lawyer will try to start the appeal process in mediation. This is when you settle the case out of court with a mediator, and come up with a settlement that both parties can agree upon together. Mediation is always ideal due to it being more affordable than going to trial, and you have control over the settlement that you agree to. If you can't settle things in meditation, then you'll need to go to trial and have a judge make a decision.
To learn more, speak to a work injury compensation attorney today.