How to Appeal a Denied Home Depot Workers’ Comp Claim

When you have an accident at work, you should be able to recover the cost of any medical treatment you need through your employer’s workers’ compensation insurance cover.

For example, if you are hit on the head by something while working for Home Depot, you should be able to claim workers’ compensation. Each state has different rules which should be followed when you make a claim. If you don’t follow these rules closely, or fail to keep to time limits, your claim could be denied.

There are several reasons why an insurer might reject a WC claim. It may be relatively easy sorting out an honest mistake made about the details of your injury or the insurer may still insist that you have made an invalid claim. If it gets to this point, you should consider filing an appeal with the help of a workers’ compensation attorney.

Contact Home Depot's Insurance Company

Insurers will normally let you know about the fate of your claim quite quickly. They may just send you a rejection letter without making it clear why the claim was rejected. If this happens, you will need to contact them directly to find out what made them decide your claim would not be accepted. It could be because:

  • you did not stick to the time limit for making the claim or informing your employer about the injury in the first place
  • there was some simple mistake in dates that conflicted with information supplied;
  • there was insufficient evidence to show that the injury happened while working at the Home Depot;
  • you did not provide enough supporting documentation to prove what you needed in compensation.

Insurers cannot deny you a claim if they think that the injury was your fault; only if they think that you were totally irresponsible or deliberately injured yourself in order to obtain compensation.

Once you know why your claim was rejected you can proceed to filing an appeal.

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File Your Home Depot Workers’ Comp. Appeal

An appeal against a denied claim is an option if your claim cannot be sorted out easily, e.g. if a genuine mistake was made by someone at work and this can be rectified. Appeals are not easy and may be lengthy and complicated. You should talk to an attorney before filing an appeal.

Each state sets down the rules for WC appeals. Usually, there is an attempt to settle the dispute by having a joint mediation meeting between you, a representative from your employer’s insurer and your attorney, if you have one.

Mediation does not always succeed in ironing out disagreements. The appeal process may then move on to setting a time for a formal hearing, also called an administrative hearing. Details vary from state to state, but these hearings usually involve at least one or more judges.

The full details that surround your case are examined carefully and the judge then makes a decision whether to support you or the insurer. A further appeal can often be made if the judge rules against you, but you must be very sure about your reasons for pursuing the case if you go on to make a further appeal.

A Workers’ Compensation Attorney Can Help File an Appeal

It is not advisable to pursue an appeal without legal help. An experienced workers’ compensation attorney can review you case and provide advice before you file your appeal.

Additional Resources

Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Home Depot, or any other party, you may not be entitled to any compensation.