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.