Can a Lawyer Help Me If My Workmans Comp Claim Is Denied?

If you hear those dreaded words, workmans comp claim denied, then you may become very worried- and rightly so. Under the laws throughout the United States, the only right to recover from a work injury comes from workers compensation. You cannot file a private tort lawsuit in court like with other personal injuries- instead, you must go through the workers comp system. The system can be time consuming and confusing to navigate, so receiving a workers comp denial can make you concerned that your benefits will either be delayed at a time when you need income, or worse, that your benefits won't come at all. So, what can you do if a workers comp claim is denied? The best thing to do is work with a lawyer who specializes in workers compensation claims.

How A Lawyer Can Help with a Workmans Comp Claim Denied

When a worker's comp claim is denied, you can appeal the denial. Typically, there are several stages to appealing the denial:

You can appeal directly to the insurance company to have your claim reconsidered
You can then appeal to the workers comp board if your claim is still denied. This is an administrative board in your state that oversees workers comp. Typically, you start with a written appeal and then in some cases a workers comp hearing occurs before the board wherein you present evidence
You can appeal to an appellate court if the administrative board denies your claim. Usually, this board won't evaluate the facts of your claim but will instead only review the case to make sure the workers comp board acted fairly.

When you have an experienced workers compensation lawyer, he can help you in a number of ways:

He can help prepare your initial claim to reduce the chances of a denial
He can help you to negotiate with the insurance company to have your claim reviewed. He can also assist you in gathering any medical evidence or other documentation to support the fact that the denial of benefits was inappropriate
He can help you make your claim to the review board, and assist you in going through the process of a hearing
He can assist you in making a formal appeal to the courts as a last resort, ensuring you follow all rules of civil procedure and make convincing legal arguments to get the decision overturned.

Getting Help

The key to getting legal help is to find a lawyer who will act as your advocate, someone who will fight for you tirelessly and who will stand up for your rights. The workers compensation system was designed to help injured workers, and an attorney can make sure you are helped by the system and treated fairly in your time of need.

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