When you are injured at work, you might assume that your employer will simply accept your workers' compensation claim. However, there are cases where workers' compensation claims are denied by an employer even when it seems obvious that the worker is qualified for benefits. Fortunately, there are steps you can take to resolve this issue.
The Reason for the Denial
Many employers deny workers' compensation claims without explanation. While there are some justified reasons to deny a workers' compensation claim, some employers deny their employees' workers' compensation claims in bad faith. Oftentimes, they simply do not want to see their premiums increase or do not want attention drawn to substandard work practices. If you believe that you have been the victim of a denial made in bad faith, make sure to contact a workers' compensation attorney as soon as possible.
The Role of a Workers' Compensation Attorney
A workers' compensation attorney will help you determine whether there were actions you took that might have contributed to your workers' compensation claim being denied. For example, you may have failed to meet a deadline. You may have failed to provide evidence that the injury was work-related. You might have filed the claim after you quit your job. You also may have suffered an injury that your employer believes is not eligible for compensation.
Look at the letter that informs you that your claim was denied. The letter might also include reasons for why your claim was denied, but this is not always the case.
Just because your employer believes that you are not eligible for compensation does not mean that they are correct. Your workers' compensation attorney may help you put together a case in which you will be able to force your employer to file your workers' compensation claim. Getting your attorney involved in the case as soon as possible will reduce the risk that your claim will be denied. You may be able to avoid mistakes such as failing to seek medical treatment promptly.
The Appeals Process
Fortunately, you are allowed to appeal a claim decision after your employer or the workers' compensation insurance provider has denied it. The first level of the appeal will involve your case being reviewed by an administrative law judge at a hearing. If you want, you could have your workers' compensation attorney attend the hearing to represent you. There are additional levels of appeal beyond this, depending on the state you reside in.
To learn more, contact a workers' compensation attorney.
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