People who are injured doing their jobs, either by a sudden accident or by cumulative trauma, can file workers’ compensation claims to recover compensation for medical bills, lost wages, and rehabilitation costs. However, workers’ compensation claims could be denied for several reasons, including late filing or an employer disputing the claim. If your claim has been rejected, you do have other options available to you.
Once you’ve received a letter stating your claim has been denied, you can start the process of appealing the decision. Read the letter carefully and note any appeal deadlines that may be written in it. You should also talk to an experienced worker’s comp attorney, who will have seen similar cases in the past. A lawyer can help you understand whether appealing your claim is the best course of action and can help you begin the process.
You or your attorney can contact your employer or its workers’ compensation insurance carrier to discuss your claim denial in more depth. If the denial was a matter of mistaken paperwork, the mistake could quickly be cleared up and your claim allowed. If it wasn’t a simple mistake, you would go through the appeals process, which varies in each state.
Often, the first level of appeal will be an administrative hearing before a judge. The hearing could be through a state labor department or a state board of workers’ compensation. There are additional levels of appeal beyond the administrative level, so even if the first stage doesn’t go well, you still have more options.
Appeal hearings usually require presenting medical and factual evidence to support the existence of your claim, whether it’s an injury or a disease. An attorney can best present your case to the judges, so make sure your lawyer is given all information possible regarding your treatment and condition.
If you need help filing a claim, or appealing a denied claim, let us help. Our skilled Richmond workers’ compensation lawyers have more than 40 years of combined legal experience to offer your case. Let us see what we can do for you.
Contact us at (804) 823-2050 or fill out our online form to schedule a free case consultation today.