There can be nothing more annoying that finding out your claim for worker’s compensation has been denied by JC Penney’s, a company you have worked for several years. Workers’ compensation (WC) claims don’t come out of company revenue but come from the WC insurer JC Penney’s uses to cover its workers who become injured or sick while at work. If you are injured while working at JC Penney’s and you are to blame, that does not prevent you from being eligible for workers’ compensation as WC is a no-fault insurance. It is not the end of the world when you find you have been denied WC as you can appeal the decision. Often WC denials are just due to a misunderstanding between you and JC Penney’s insurer. Of course to ensure the best outcome you should ask a WC lawyer to guide you through the appeal process. Contact JC Penney’s Insurance Company When you are informed that your WC claim was denied it will probably be by letter. The first thing you need to do is make contact with the insurer directly and ask them why your WC claim has been denied. It may just be a slip of the pen or illegible handwriting that led to the denial. It may have even been the fault on JC Penney’s side. Most small mistakes can be ironed out by a quick email or phone call. You may not have provided sufficient evidence to prove the accident and injury took place at your workplace. Another reason for a claim denial is because you did not inform your supervisor at JC Penney’s within the statutory time period after the injury took place. Each state determines its own rules for filing a workers’ comp. claim and this includes time limits at each step of the way. Some claims are denied, for example, simply because the injured worker failed to let their supervisor know about the injury within the time limit, or the information somehow didn’t get passed on to the right person or wasn’t recorded properly. File Your JC Penney’s Workers’ Comp. Appeal If you find that JC Penney’s WC insurer refuses to budge on their decision you may need to take the next step which is filing an appeal. In order for this to be successful you will need the help from a WC attorney who will know what is needed to win the appeal. An appeal has to be filed well within a specified time limit from the WC claim denial. In order to have any chance of success you need to present a well prepared appeal which is supported with all the right evidence. Typically, the first step of an appeal is mediation. This is when you talk face to face with a representative of JC Penney’s WC insurer and try to reach an agreement. You should have your WC lawyer at your side throughout the mediation. If all fails the next stage is the hearing. This involves attending a court appearance with one or more judges listening to the evidence provided by both parties and then reaching a decision. If this decision does not suit you all you have left is to take the matter to your state’s Appellate Court. A Workers’ Compensation Attorney Can Help File an Appeal You have a far higher chance of winning an appeal if you have a WC lawyer working on your behalf to reach an outcome that favors you. Additional Resources I Work for JC Penney's and Got Hurt. What Do I Do?* Who Is Covered Under JC Penney Workers’ Compensation?* 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 JC Penney’s, or any other party, you may not be entitled to any compensation.
