When you are injured at work, you might find comfort in the fact you have workers’ compensation. Unfortunately, claims sometimes get denied. You have medical bills and lost wages to worry about, so if your claim gets denied, what are you going to do? The following are some things you should do.
The first thing you should do after a workers’ comp claim is denied is figure out why. You should have received a denial letter, and the reason for the denial should be outlined in that letter. There are some legitimate reasons for denial, though it sometimes happens in error. The following are some reasons your claim may have been denied:
- It was late. There are state laws that dictate how long you have to report your injury, as well as how long you have to file a claim. If you don’t meet those deadlines, you may forfeit the right to compensation.
- Your employer disputed the claim. Your employer may not agree with you about the claim. He or she might declare it actually happened outside the course of employment. He or she might claim you were involved in horseplay, and therefore not eligible.
- The injury was not compensable. There are some injuries that are considered non-compensable. For example, if you were intoxicated at the time of your injury, it may be non-compensable.
- You did not receive medical care. You have to have medical care if you plan to file for workers’ comp benefits in most cases.
- There was insufficient evidence. If there’s not enough evidence your injury happened at work, it could get denied. This is why it’s so important to take pictures, report it immediately, and collect witness information.
Make an Appeal
Once you know the reason your claim was denied, you can work on an appeal. Your denial letter will most likely offer an appeal deadline, so be sure you meet that deadline. There’s a possibility the claim was denied in error, so you may want to speak to your employer first.
If you do decide to file the appeal, work with your lawyer so you get everything covered. This could be a long process, so you’ll want someone by your side who knows how to handle all the ins and outs of the case.
Contacting a Lawyer to Get Started
If your workers’ compensation claim has been denied, there could be an insufficient reason for it. Contact an attorney, like a workers compensation lawyers from Law Offices of Franks, Koenig & Neuwelt, who can help you take proper steps toward getting their surveillance evidence tossed out.