Workers Compensation Claim Denied: What’s Next?
February 15, 2016
A trade-off between an employer and employee, worker’s compensation protects the rights of employees who are injured during the course of their employment. The compensation, depending on the nature and complexity of the case, varies, taking the form of wage replacement, medical benefits, or other forms of financial support.
Like a personal injury claim, however, a worker’s compensation claim can be denied. When a claim is denied, it simply means that the employer, or in most cases, the insurance company, believes that a person’s claim is not covered or eligible for compensation according to the law. Among the most common reasons for denial are the late filing of the claim, lack of witnesses, and discrepancy in medical records.
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Once a claimant receives a note stating the illegibility of his or her claim, the first step is to review the grounds for denial and learn the procedure for appeals, specifically the deadline and requirements for filing. And because some denied claims can be due to erroneous paperwork and processes, it is also essential for workers to talk directly to their employer or insurance company prior to filing an official complaint in any court.
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If the appeal is denied, the final step is for the employee to contact a lawyer specializing in worker’s compensation as soon as possible. An attorney will determine the best alternatives and solutions for a denied worker’s compensation claim.