It may be tough to recognize where to turn after a workers’ comp claim has been denied. However, you may perform legal matters to get your claim approved. The subsequent steps you are taking will rely on the state wherein you live and the specifics of your case.
This blog will be discussing some steps you should take after your workers’ comp claim is denied.
Denied Workers’ Compensation Claim
When workers are injured, they are eligible for workers’ compensation. It is a sort of coverage that offers clinical advantages and income substitute to injured personnel or turns out to be unwell because of their job. In maximum cases, workers’ compensation is a no-fault system; because of this, the worker does not need to show that their organization was at fault to obtain the advantages.
However, in a few cases, an employee’s claim for reimbursement can be denied. There are several reasons why this might happen.
- The injury did not occur at work.
- The injury was not caused by accident at work.
- The damage/ illness did not get mentioned to the employer within a certain period.
- The injury is not sufficient to qualify for workers’ reimbursement benefits.
- The employee was not following company safety procedures when the injury occurred.
However, even with a denied claim, you are still well within your rights to pursue your claim. Consult Pistiolas Law’s Workers’ Compensation attorney for your next step.
What to do after a Denied Workers’ Comp?
If you have been injured on the job and have filed a workers’ compensation claim, and your claim is denied, then you have some important decisions to make. You may choose to file a lawsuit against your employer, file an appeal with the state workers’ compensation board, or seek the help of an attorney.
Each alternative has its advantages and drawbacks, and you’ll want to weigh the pros and cons of each option before following through with a decision.
- Filing a Lawsuit against your employer
The aftermath of a denied workers’ compensation claim can be difficult. Not only you have to face the physical and emotional toll of your injury, but you may also have to file a lawsuit against your employer.
Filing a lawsuit can be a daunting task, but it may be your only option if you’ve been denied workers’ compensation benefits. There are several things to keep in mind when filing a lawsuit, such as:
- Choosing the right lawyer and building a strong case.
- You will need to gather evidence that supports your case.
- You will also need to file a complaint with the Workers’ Compensation Board and request a hearing.
- Filing an appeal with the state workers’ compensation board
After a workers’ compensation claim is denied, the next step is to appeal. The state workers’ compensation board is responsible for hearing the appeals of workers’ compensation denials.
To file an appeal, you must first complete and submit a Form WC – Appeals, available on the Department of Industrial Relations (DIR) website. The filing of an appeal is a complex process, and it is important to have an experienced workers’ compensation attorney to help you through the process. The legal professional can help you accumulate the proof you need to make your case and constitute you on the listening to before the board.
It might assist if you kept in these matters while submitting an appeal. First, you must include all of the relevant information and documentation. Second, the appeal has to get submitted within a month of the date of the denial letter. And finally, the next step is to submit a written statement explaining why you believe you should be awarded benefits. You must also submit any evidence you have to support your case.
Need to know more about Workers Comp claims? Read here.
After being denied a workers’ comp claim, it can be difficult to know what to do next. Fortunately, Pistiolas Law is here to help. We have years of experience helping workers’ comp claimants get the benefits they deserve, and we can help you, too. Visit our website or call us today at (844) 414-1768 to get started.