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618-215-2412 local  

866-223-2525 toll free

Should you plan for a workers’ compensation denial?

| Dec 5, 2019 | Workers' Compensation

Regardless of your profession or daily responsibilities, you’re always at risk of suffering an on-the-job injury.

For example, a construction worker could fall from height and break several bones upon landing on the ground below. Or a secretary could develop carpal tunnel syndrome as a result of too much typing.

If your injury is keeping you away from work, thus making it impossible to earn a living, you’ll want to consider your ability to file a claim for workers’ compensation benefits.

You hope that your initial claim is approved, but it’s not always that easy. And that’s why you should prepare yourself accordingly for a denial.

The best way to avoid a workers’ compensation denial is to understand why this happens in the first place:

  • You did not file the workers’ compensation claim in time
  • You did not report the injury to your employer in time
  • You suffered an injury that does not qualify for compensation
  • You did not receive medical treatment in time or at all
  • Your employer doesn’t believe your injury relates to your employment

While there are other reasons for a workers’ compensation denial, these are the most likely to come into play.

You have the right to appeal

Even though a denial will frustrate you, it’s your legal right to file an appeal. Take the following steps:

  • Read your denial letter to understand the reason you’re in this position
  • Find the part of the denial letter that outlines the appeal process, including the steps and deadlines
  • Prepare yourself for a complicated legal process, especially if you’re first appeal is denied
  • Collect all documentation to back up your claim, such as witness statements, medical records and any paperwork you’ve filed to date

If you’re injured on the job, it’s easy to assume that filing a claim for workers’ compensation benefits is an easy and straightforward process. While it can be for some, don’t expect this to happen.

As you deal with a denial, take the steps outlined in your initial letter while paying close attention to everything you can do to protect your legal rights. Don’t give up until you begin to receive the benefits you’re owed.

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