How to Appeal a Denied Workers’ Compensation Claim

Being injured on the job is never an easy situation. There is a lot of work that goes into searching for compensation and one way is filing a worker’s compensation claim. But what if your claim is denied?

There are many reasons why a worker’s compensation claim may be denied. Usually when workers’ compensation claims are denied it has to do with missed deadlines, uncertainty if the injury is work related, or even if the claim was filed after you left your job.

You should be able to obtain compensation for any medical costs related to your workplace injury as well as a percentage of lost earnings assuming that your injury prevented you from returning to work for some time. Regardless of the situation there is a way to appeal after you have received a denial letter.

Contact the Company’s Insurance Company

If you have received a denial letter in the mail from the company’s insurer you may not find out why the claim was denied. There is a possibility there could’ve been an error made such as information going missing.

Workers’ compensation rules are made by the state that your workplace is in, rather than the employer, but things can go missing between your employer and the insurer. Wrong dates and a failure to provide enough information can mean a denied claim. This can be reversed if the correct data is supplied. It is important to stick to key dates throughout the workers’ comp. claims.

File Your Workers’ Compensation Appeal

You will probably be asked to meet with a representative from the insurance company first in an attempt at mediation. Only if this ends in failure will a hearing be organized. Each state has an established procedure for appeals against denied claims.

An appeal should be filed well within the time allocated and you should be prepared to be much better prepared with the evidence you have available to back your claim up. If there was no simple administrative error involved in your claim and you know that you have kept to deadlines, you should talk to an attorney about appealing.

Workers’ Compensation Attorney Can Help File Appeal

If you do have to file an appeal because the company’s insurer is adamant that your claim is invalid, it would be very hard to do so without effective legal representation.

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