Have you been injured and are experiencing denial of your benefits from the employer or the insurance company? Then, this article will guide you on how handle and appeal your workers compensation claims.
Workers compensation insurance is a kind of policy that gives employees insurance payouts to cater for their medical expenses when they are injured on the job. However, some companies and their insurance firms deny the injured employees their benefits. In this case, it is important to seek legal help and appeal the claim.
It is crucial to follow the right process when appealing as this may vary with states. Here are some factors to guide on how to appeal your workers’ compensation denied claim.
- Go Through the Denial Letter
First, you need to understand the reason of the denial before you make an appeal. There are many reasons why a workers’ compensation claim can be denied as laws vary from state to state. Some of the reasons include the following: incomplete of paperwork, when the injury is linked to a pre-existing condition, failure to follow a written rule by the employer, failing to report the injury on time, disputes on whether the wok was job-related, missed deadlines, insufficient details, and lack of evidence. Your employer or the workers’ compensation insurance company must let you and the benefit review conference know why the claim has been denied.
- Take Legal Action
A great way to appeal for your denied workers’ compensation claim is to seek legal help by hiring an experienced lawyer like Spillers Law Firm. When you have the right workers’ compensation lawyer, you are likely to have a strong case because they will prepare you well. They will also help you understand the civil procedure and rule of evidence that are required within your state.
Unlike filing for an appeal yourself, hiring an attorney will ensure that you adhere to the deadlines for the workers compensation appeals, so you don’t lose your rights.
- Prepare for the Trial
It is important to prepare for the trial and use your employers’ response to gain an advantage over your case. Begin by going through a medical evaluation in order to identify the cause of the injury or the developed medical condition. The medical reports and bills should be attached to help support your claim.
Also, gather enough evidence to support your claim that you have been injured on the job. Look for witnesses who will testify to your injuries including medical professionals and co-workers.
- Attend the Trial
After you have filed your claim, make certain that you are actively engaged in the trial. Prepare to testify and answer questions that will be asked by your attorney concerning the events of the injury. You will also be asked questions by the employers’ side. Hence, you need to be prepared to rebut their arguments.
When it comes to appealing your workers’ compensation claim, it is vital to follow the right procedure, read the denial letter carefully, and hire an experienced attorney. Understand why your claim has been denied and the limitations for filing a claim, so you can be assured of a strong case.