Workers’ compensation laws are set up to compensate employees who are injured on the job without requiring a personal injury lawsuit. The workers’ compensation statutes are set up to be no fault meaning that any negligence on the part of the employee or the employer is not at issue. Some people may feel that they may be able to navigate this process on their own without an attorney. However, successfully navigating the workers’ compensation claims process is complicated, frustrating process, especially if your claim is denied. When someone’s worker’s compensation claim is denied they should take the following steps:
Contact Their Insurance Carrier
Occasionally a denial may be simply caused by a missing document or an error. If so, contacting your insurance carrier may provide a solution in this regard.
Complete The Required Documentation For An Appeal
The appeals process for workers’ compensation claims varies state by state, although in most states there is an application form to appeal your denial. Some states such as Utah have different forms for appealing different types of claims, such as injury by accident or occupational disease. It is also important to file your documentation in an appropriate and timely manner.
Gather Evidence In support Of Your Claim
Appealing a denial of workers’ compensation benefits is similar to a trial in that you are required to submit evidence to prove the merit of your claim. It usually includes medical records or other evidence relating to the work-related injury you have suffered.
Contact An Experienced Workers’ Compensation Attorney
Appealing a denial of a workers’ compensation claim is always a complicated process. An experienced workers’ compensation attorney represents you in your appeal hearing and assists with everything from filing the correct paperwork to gathering evidence to bolster your claim. Working with an attorney is the best way to ensure that you get the compensation you deserve for your injuries. An attorney performs the following important tasks that are almost impossible for someone to do by themselves:
Advises you on the validity of your claim – Work related” injuries encompass a wide range of possible injuries, however not all injuries are compensable especially if they are judged not to be work related. An attorney advises you on the likelihood of your injury being covered by workers’ compensation.
Files your claim in an appropriate and timely manner – In order to receive workers’ compensation benefits you must file a claim correctly. Claims involve multiple claim forms and vary according to the laws in your state, however an experienced workers’ comp attorney ensures your claim gets filed promptly and correctly.
Handling appeals in case of a denial – In the case of denial of your workers’ compensation claim, an attorney assists you throughout the appeals process.
Filing a lawsuit if workers’ compensation benefits are insufficient – In instances where the benefits may not be sufficient to adequately compensate you for your injuries and the costs you’ve incurred, a workers’ compensation attorney helps you to decide whether to continue with a workers’ compensation claim or file a civil lawsuit.
If your worker’s compensation claim has been denied it is advisable to stop wasting your time and immediately retain the services of an experienced workers’ compensation attorney to get a favorable resolution to your claim.