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What to do if my workers comp claim is denied? | Pioletti &Pioletti

Published on August 30th, 2017

If you have been denied of a workers comp claim, you might feel upset and unsure about what to next. The thought of not being able to care for yourself or your family could be gut wrenching, but there may be hope. Unfortunately insurance companies tend to deny workers comp claims making the claimant go through a challenging appeals process.

When a workers comp claim is denied, you have legal options including the right to an appeal. At this time you should contact a lawyer.

Why Are Workers’ Comp Claims Denied?

A workers compensation claim may be denied for all different sorts of reasons. The most common include:

  • No one witnessed the injury
  • There was a pre existing medical condition
  • You failed to report the incident
  • There were discrepancies in your testimony
  • You did not seek medical attention (or within a timely manner)
  • You have a history of filing for several workers comp claims

Appealing Your Denied Workers’ Comp Claim

A denial of a workers comp claim will come by a letter and a description of the appeals process. You should read this very carefully and note any deadlines for the appeal. This could be as little as 30 days.

If the letter states that you did not give enough information, you can contact your employer and likely clear the problem up in a reasonable time. If your employer refused to file the claim, you will need to file an appeal. A lawyer can help you to do this in a professional manner.

The appeals process will vary depending on what state you are in. Usually it will involve a hearing with an administrative judge who will listen to the case. Evidence may need to be presented which supports you claim. This could include medical records, a medical testimony, or witness statements.

Having a Workers Comp Lawyer On Your Side

It’s highly recommended to have a lawyer, like a workers compensation attorney Long Island relies on, on your side. An experienced lawyer will know what needs to be done to win your case. Furthermore, he or she can prepare a strong defense on your behalf and if need be, call upon expert witnesses and other resources. Contact our offices today for more advice and to find out what legal options you may have. In addition to a workers comp claim, there could be grounds for separate lawsuits. A consultation is free and completely confidential. Call us now.

Polsky, Shoulderice & Rosen Personal Injury LawyersThanks to our friends and contributors from Polsky, Shouldice & Rosen, P.C. for their insight into workers compensation.

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