Workmans Comp Claim Denied: What Next?

If you have filed a worker compensation claim with your employer and either your employer and/or your employer’s compensation insurance company sent you notice of a workmans comp claim denied, your circumstances can become very difficult very quickly. This denial of your claim can bind up the process of attaining benefits you are entitled to, and temporarily ceasing your income. It can also keep your medical expenses from being taken care of, putting you in trouble with your creditors. However, just because your claim has been denied initially does not mean you are out of options.

Options for a Workmans Comp Claim Denied

Try to resolve the issue with your employer first.

In most cases, the denial of your worker compensation claim is a result of an employer oversight, typically an article of paperwork that is either missing or was filled out or filed improperly. Ask your employer to contact their insurance company, or obtain the contact information from them. This is the most common reason Worker compensation claims are initially denied.

Deal Directly With Your Employers’ Insurance Company

Sometimes an employer will attempt to deny your claim simply because of the reality that their premiums increase with every claim made on their workers’ comp insurance. If you are having a difficult time getting your employer to cooperate with you, you can contact your local Worker Compensation Assistance Hotline. They will be able to put you in touch with a worker compensation professional who can get you the information you need.

If Your Employer or Their Insurance Company Still Denies Your Claim

If neither your employer nor their insurance company will help you obtain benefits on your valid claim, contact the Workers’ Compensation Appeals Board in your area. They will appoint you a compensation referee or judge, and you will have to fill out an Application for Adjudication. This appeal must be filed and take place within one year of your injury.

Contact a Lawyer

If you’ve gone so far as to seek an appeal, the next step you have to take is to contact a personal workers’ compensation lawyer and obtain their services. Most of these types of lawyers hire on a contingency basis, meaning that they don’t require a retainer fee and will not seek payment from you until your case is settled. Most contingency lawyers charge a certain percentage of the total amount of your claim.

Getting Help

The best thing to do as soon as your claim is denied is to consult with an experienced worker's compensation attorney. The attorney you hire can help you to make sure that your claim is properly reviewed on appeal and that you are able to get the benefits you deserve.

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