Worker’s compensation is an insurance package offered by many employers
to protect employees if they get injured while on the job. Most larger
companies provide this protection for their employees throughout the duration
of their employment. Workers’ compensation exists to protect businesses
from being sued because they offer to protect employees and reimburse
them for medical fees and lost wages. However, sometimes workplace lawsuits
do occur. Often these are the result of denials of workers’ compensation
claims. If you make a claim through your company’s compensation
plan and fail to get approved, there are a few steps you can take to get
an appeal to go through, without having to file a lawsuit.
Contact the insurance company. Look up what company your employer obtains workers’ compensation
through. It may be that your claim was not approved because of a clerical
error or typo. The remedy to this is to contact the company, whose system
may have dismissed your claim because of missing documents or typing errors
that make the claim appear fraudulent. To ensure this is not the reason
you were denied, or to quickly fix the situation, call them and find out.
You can usually refile your claim within the timeframe.
Ask for reconsideration. Denials may be reversed if new information is
presented that changes the situation regarding the claim. While resubmitting
the file with the same information will not yield different results, sometimes
the solution is as simple as including more personal information or facts
about how the injury is impacting you. You are only entitled to workers’
compensation if you can prove that your injury was the result of situations
at work. So, if you have more evidence that working triggered your condition,
you might qualify for workers’ compensation.
Pick up the appeal paperwork. To qualify for an appeal or adjudication,
you will need to file paperwork, again. Depending on what caused the injury
you may need a different form, and the deadlines can vary and pass quickly.
To ensure you do not miss out on a claim because of a passed deadline,
check the dates and set up a schedule to turn in your appeal well in advance.
Gather evidence. Workers’ compensation appeals are similar to courtroom
trials in that you must have evidence to support the fact that you were
indeed injured at work and should receive compensation as a result. This
may include providing a medical history and doctors notes testifying to
the severity of the injury, documentation after the incident occurred,
paperwork that was filed on your behalf, or any transcriptions of conversations
made regarding the original claim.
Obtain an attorney. Workers’ compensation appeals can be difficult
and tricky to file, especially with the upcoming deadlines. If you are
scared about misfiling your appeal or missing out on benefits that you
are entitled to, call our office today. The right
personal injury attorney can help you be successful during the appeals process and avoid denials
based on fraud or eligibility.