Your Workers’ Compensation Claim Is Denied. Now What?
Getting injured at work can mean many things. You could be out of work for just a day, or you could be unable to do the same job for the rest of your life. A work-related injury can cause a lot of stress and frustration with the extra bills and medical care you will have to endure.
Fortunately, you should have access to workers’ compensation insurance through your employer. Workers’ compensation insurance will help provide you with financial relief after you are injured on the job.
The insurance will pay for your medical expenses, your wages lost as a result of your injury, the transportation to your medical appointments, any rehab treatment you may need, and any other costs associated with your injury.
However, you have to make sure your employer is aware of your injuries as soon as they happen. If you were injured as a result of a major company accident, your company is likely already aware, and you do not need to do anything further.
You will still need to make sure you have notified your employer to be sure you are covered. Seek medical treatment for an injury right away. If you fail to do either of these things, the insurance company can deny or dispute your claim. The following are some things you will need to do if you have an issue with your workers’ compensation claim.
Retain an Attorney
As soon as you are notified that your claim is disputed or denied, you need to hire an attorney. Your best bet is to hire an attorney who specializes in workers’ compensation claims so you get the best advice possible.
The workers’ compensation process can be difficult, especially if the insurance company begins to ask for a lot of different kinds of paperwork from you. Your attorney can help you file all the correct documents and gather the right type of evidence to ensure you have a solid case.
Get Your Evidence Together
Once you have hired your attorney, you need to gather your evidence. Evidence will include pictures of your injuries, videos of the accident, statements from witnesses, as well as your medical records.
You must see a doctor as soon as you are hurt to help get the ball rolling with regard to your evidence. This is largely where you will prove your case. A statement from a doctor is a very solid piece of evidence which is crucial to any workers’ compensation case.
Ask for a Hearing
If you have been completely denied, you will have to request a hearing with your state's Workers’ Compensation Board. Keep in mind that you can arrange a hearing within only a certain period of time. In some states, you only have a year from the date of your injury to ask for a hearing. Not doing so in a timely manner could mean losing out on benefits.
Go Through the Mediation Process
Many cases will have to go through a mediation process to reach an agreement. At this time, you will sit with a mediator, who is an impartial person who will discuss the situation with you and your employer. Your attorney will then help get a fair settlement through the insurer.
If the mediation process fails and you cannot reach an agreement, the case will go to a formal hearing. At this time, you will have to provide evidence to an administrative law judge to support your claim. He or she will then make a decision on whether or not you will receive workers’ compensation benefits.
If you need assistance with a workers’ compensation claim, please contact Clearfield & Associates.