What if my workers compensation claim is denied?

If you suffered a serious injury while on the job, you may be facing substantial medical bills and lost wages if your workers compensation claim was denied. Depending on the circumstances of your injury, you may have legal recourse. Most workers compensation lawyers offer a free initial consultation to discuss your case. Every situation is different, and workers compensation laws vary somewhat from state to state. If you need aid, you may want to consider talking to a West Palm Beach workers compensation lawyer.

Reason for Denial

If your workers compensation claim was denied, the insurance company is required to provide you a reason for the denial. Consider the reason given and whether or not you can address that issue. If so, you may be able to resubmit the claim or file an appeal. A workers compensation lawyer can handle this for you, and possibly address the reason for the denial before submitting the necessary paperwork on your behalf.

Proof of Injury

In some instances, a workers compensation claim may be denied on the basis that sufficient proof of injury, or that the injury occurred on the job, was not provided. When you work with a workers compensation lawyer, he or she can recommend a physician who is familiar with job related injuries. The physician can provide medical documentation that proves your injury is valid. In addition, your attorney can investigate the circumstances of your accident. It may be possible to interview witnesses of your accident and include their testimony as part of your claim.

Litigation

Even though your injury may have occurred on the job and is serious, and you provided sufficient documentation, it may still be denied. Or, it may be approved but the benefits offered to you are not enough to provide you the treatment necessary to address your injury. Either scenario may require you to seek legal recourse with the help of a workers compensation lawyer. Your best option may turn out to be personal injury lawsuit against your employer or the third party responsible for causing your injury. Even before you enter a courtroom, your lawyer may be able to negotiate a settlement that will cover your accident-related costs. As opposed to workers compensation benefits, a lawsuit can include pain and suffering as one of your damages. In addition, if a third party (rather than your employer) caused your injury, workers compensation benefits may not be available, and therefore you may have to consider filing a lawsuit.

 

Thanks to our friends and contributors at Franks, Koenig & Neuwelt for their insight into workers’ compensation.