Help for a Denied Workers’ Compensation Claim
Workplace injuries can result in serious embarrassment and injuries. When you are dealing with a workplace injury, your first thought could be to file a workers’ compensation claim. Being proactive about something like this is one of the best things you can do because it can help when it comes to the timeline of filing your workers’ compensation claim and it can allow you to move on and recover even more quickly. However, even if you believe you have done everything you need to, what happens if your workers’ compensation claim is denied? A good workers’ compensation lawyer, like a workers’ compensation lawyer in Oak Creek, WI, will understand that you may feel like you are out of options and have nowhere else to turn. This is not the case, though, and often you will find that there are other options when it comes to denied workers’ compensation claims.
Steps to Take
When your workers’ compensation claim is denied, the first step you and your workers’ compensation attorney should do is determine why it was denied. When you receive your denial letter, it should be clearly stated. Below are some of the most common reasons for a denied claim:
- Horseplay. It is possible that your employer will not want to cover any injuries you suffered from if you got them at work while engaging in horseplay or roughhousing. If you and another employee were messing around at work instead of performing work-specific duties, it is possible that there is a valid reason to deny your workers’ compensation claim.
- You did not file in time. In some cases, you may not have filed your claim on time. You should speak with your attorney quickly to determine if this is the case because states have different laws regarding how many days after the accident you may file a claim.
- You did not report your injury. Similar to the above, there is a deadline for reporting your injury to your supervisor. While it depends on the state, most states have a law that you must send your supervisor a written notice of your injury within a few days or a week of the injury that occurred. If you failed to notify them at all, it may be hard to dispute a denied injury claim.
- A dispute about the injury. In other instances, your employer may simply be disputing whether the injury occurred at work or while you were working.
Although there are certainly valid reasons that your employer may deny your workers’ compensation claim, a good attorney will want you to know that a denied claim does not simply end there. You can appeal a denied claim, especially if you have sufficient evidence showing that your claim should have been approved in the first place. Many employers do not expect their employees to try to appeal a denial, so it is important that you work with an attorney who can help gather the appropriate evidence and present the facts. Contact one today to begin filing your workers’ comp claim.
Thanks to Hickey & Turim Attorneys at Law for their insight into how to deal with a denied workers’ compensation claim.