Being injured at your place of work can be a terrifying and painful experience. Even worse for many is that it could prevent your ability to continue working to support your family. It is widely understood that workers’ compensation exists to pay injured workers for lost wages and medical bills due to workplace injury. In many cases, it also prevents workers from suing their employers directly.
However, what happens when workers’ compensation fails to pay what you are owed? Here’s what you should do when you have been denied by workers’ comp.
Determine Why It Was Denied
In most cases, why you were denied workers’ compensation income should be explained in the denial letter. Finding out the reason why is important because the decision may have been made in error. In certain cases, your employer may have actually lied. For example, your employer may say your injury was the result of horseplay when that was not the case.
Collect and Retain Evidence
Disputing the claims made by a powerful employer is not necessarily easy. To prove your side of the story, you are going to need to start collecting and retaining evidence that your injury occurred how you said it did. In fact, you should do so immediately after the injury takes place if possible. Produce and obtain work records of your injury and medical records from your doctors as well. Also obtain photographs, videos, and testimonials that prove you are telling the truth.
Get an Attorney
If your employer will not cooperate with you in resolving the issue, you should probably get a lawyer that specializes in workers’ compensation cases. While it is possible to appeal your denial for workers’ comp on your own, it can be difficult to succeed without professional help. Instead, you should consider hiring a workers’ compensation attorney that has a good track record of winning appeals for their clients.
Appeal
Even if you were denied, it is indeed possible to appeal and succeed in obtaining workers’ compensation income. The deadline for filing an appeal should be specified in the denial letter you received. The length of this period is most likely specified by a state law. It may be as short as 30 days, so you should move fast. An appeal may involve a hearing in front of a judge of administrative law. Having legal representation and strong evidence should give you an edge.
Don’t give up if your claim for workers’ compensation has been denied. You can indeed successfully appeal. Doing so requires refuting the claims made by your employer with evidence and logical arguments. A workers’ compensation lawyer may help to improve your chances of success.
You might also like:
