If you have been injured on the job and cannot work, you have likely filed a workers compensation claim. If you have been denied this claim, don't panic. There are, however, a few things you should know.
There are many reasons a claim is denied
Workers compensation claims are routinely denied. Sometimes, it is just a simple case of not supplying the proper documentation or filling out a form correctly. Another issue may be that your employer is fighting the claim. You will be notified of a denial of workers compensation by letter. In this letter, it will tell you exactly why you were denied benefits.
You are entitled to an appeal
Just because you were denied your benefits does not mean you will not get them. Everyone who is denied their claim is entitled to an appeal. If the reason for your denial was something simple like an issue with paperwork, you may want to appeal and submit the correct paperwork. The problem is that your claim may have been rejected quickly because of the paperwork, and after you submit the forms correctly, they may find other issues, and your appeal will be denied. For this reason, it is best to use an attorney when you appeal. A lawyer can look at your case and make sure everything is in order when you appeal.
There will be a deadline for the appeal
The letter denying your claim will tell you the deadline for an appeal. If the letter does not state the deadline, you need to call the contact phone in the letter. One of the reasons for a denial of benefits is missing the deadline for your initial claim. There are reasons for missing this deadline that you can speak to an attorney about, but you cannot miss the deadline for an appeal.
The appeals process is different in each state
If you have gone through an appeal before, but in another state, this is important to know. You may think you can handle the process alone, but you are not likely to be familiar with the differences in the state you are currently residing, and this could cost you. Your best course of action is to consult with an attorney.
The best thing you can do to maximize your chances of winning an appeal is to take the letter you received denying your benefits to an attorney. A lawyer like Gerald Lutkenhaus can explain why your benefits were denied and prepare your appeal to give you the best chance of winning.