“My workmans comp claim was denied! Now what?”January 17th, 2013 by 1800thelaw2
It’s easy to panic if you receive a letter that your workmans comp claim has been denied. Don’t – there’s a good chance you’ll still get benefits. When your workmans comp claim is denied, you usually have three options: submit it for reconsideration, request a hearing, or file an appeal. Consider the first two options IF you have additional evidence to provide support for your claim. Without this evidence, your claim will probably be denied a second time. Filing an appeal is the safest approach – and, oftentimes, the best approach. But you’ll need some help.
Follow these five steps to increase your chance of getting workmans comp benefits after being denied:
- Call at lawyer at 1-800-THE-LAW2. An attorney can determine the exact reasons why your claim was denied, and will gather evidence, contact witnesses, and hire experts to strengthen your appeal.
- Request your personnel file from your employer. Copy the contents and be sure to get a copy of the injury form you filled out. Give the copies to your lawyer
- Gather evidence for your claim, including: detailed doctor’s reports, emergency room reports, test results, rehabilitation progress reports, witness statements, medical bills, expense receipts (for transportation, medications, etc.) and any additional documents that would support your claim. Your lawyer may work with medical experts to determine if any additional reporting is required to support your claim.
- Prepare for a hearing. In some states, appeals are reviewed by a board; in other states, the appeal will be heard by a judge in a hearing. Your workmans comp lawyer can help you prepare for the hearing. It is critical that you truthfully describe the details of your accident, including the loss of income and expenses you’ve incurred as a result of your injury.
- Beware what you do in public. Insurance companies are known for videoing workmans comp claimants. Participating in any public activities that you claim you are unable to could jeopardize your claim.
Your denial letter should clearly state a deadline to file for an appeal. Do not miss this deadline! As soon as you get it, take action. The faster you act, the faster you could get the benefits you need. Call 1-800-THE-LAW2 and we’ll connect you with a workmans comp who has experience with your type of case. We’re open 24 hours a day, 365 days a year: 1-800-380-8080.