gillis law firm | personal injury lawyers
“No Recovery, No Fee”

What to do after a workers' comp claim is denied

It's important to understand that valid workers' compensation claims are commonly denied by workers' compensation boards across the country. Many of these insurers would rather keep a profit from your employer than pay out for your medical costs if they can help it.

However, a denied workers' compensation claim doesn't necessarily mean that your injury can't be covered. Here's what to do to get the benefits you deserve.

1. Request a hearing

Giving up on your claims isn't your only option. You can stand before the Workers' Compensation Commission and defend your right to the benefits you requested in a hearing.

2. Prep the evidence

Because your claim was denied, you'll need to go into this hearing with a stronger position. To do this, you should further investigate the evidence (or lack thereof) concerning your workplace accident.

This could include any video surveillance of what happened, witness testimonies, photographs or medical records of your injury and more. Among other things, it's important that you demonstrate:

  • The accident was work-related
  • The accident was reported to the employer within 3 days
  • The injury lasted 4 days or longer
  • The expenses that directly result from the injury
  • Filing time limits were met
  • Statute of limitations was met

3. Use representation during your appeal

Even after gathering additional evidence, you could still run into arguments made by the insurer while defending your claim during your hearing. By using representation during your appealed bid for compensation, you'll have someone with a background in Workers' Compensation law to counter the insurer's protests.

All of these steps can go a long way in securing your Workers' Compensation benefits -- even after the initial claim has been denied.

No Comments

Leave a comment
Comment Information
 Gillis Law Firm