How to Appeal a Denied OVS Workers’ Compensation Claim*

There are very few states these days that do not insist on companies having worker’s comp. insurance. If you have been injured while working at OVS, you should be entitled to worker’s compensation, even if you were partly to blame for the accident.

This is because WC is a no-fault compensation. What is often the most difficult is proving an injury is a result of a task you were allocated to do but caused you to be injured.

Many insurers believe that claimants rarely tell the truth about an accident so the best way for an insurer to avoid paying compensation is to state that there is insufficient evidence proving the accident took place at OVS.

If this has happened to you and it is not justified, all you can do is file an appeal and hope this will convince OVS’s WC insurer.

You, or your employer, may have made errors in your documents when filing for WC so you may be able to avoid an appeal if you sort out the matter and present the documentation a second time.

Insurers can reject an original claim but for whatever the reason it doesn’t stop you filing an appeal.

Contact The Insurer First

OVS’s insurer may, or may not, have offered a justifiable reason for denying the claim. A common reason for rejecting a claim is that the victim was not at work when the injury took place.

If you have forgotten to inform your supervisor that you have been injured this could affect you WC claim too.

The best approach to take is to contact OVS’s insurer directly to see if you can get the insurer to change his or her mind. If this falls on deaf ears all that is left is filing an appeal.

File Your Workers’ Comp. Appeal

If your WC claim was rejected and OVS’s insurer does not want to withdraw its decision you may need to go through a mediator before pursuing the case even further.

This is the first stage of the appeal process. The mediator is appointed by the authority responsible in your state for WC, like a WC Board or Agency.

If mediation fails, your state’s WC representative will appoint a judge to hear your case at a formal hearing. When you are asked to attend it resembles a court appearance.

This may be your last chance to provide evidence that will sway a judge to support your claim. If the appeal does not work in your favor you will need to discuss with your WC lawyer what you should do next.

A Workers’ Compensation Attorney Can Help File an Appeal

The appeal’s process is never easy and you only have any chance of success if you get a WC lawyer to work tirelessly on your behalf to get the WC claim you deserve.

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 OVS, or any other party, you may not be entitled to any compensation.