Is Your Workers Compensation Denied? Here Are Crucial Steps to Get Compensated

Workplace injuries can be fatal and lead to workers being unable to work anymore. The employer must ensure that the workers are compensated for the injuries they get while working in their company. Workers’ compensation is often offered by the employer’s workers’ compensation insurance, and in many states, it’s compulsory, depending on the level of risk involved. However, there are situations in which you will be denied your workers’ compensation. In this case, you still have options such as appealing the denial through your state’s board of workers’ compensation. If you live in Portland, you must understand the process of appealing and the laws governing workers’ compensation. To reduce the hassle, consider engaging a Portland Workers’ Compensation lawyer to guide you through everything needed for a successful appeal. This article will explore the crucial steps to take when your worker’s compensation is denied.

Why Workers Compensation Claims are Denied

You need to evaluate why you have requested workers’ compensation and were denied. This is often explained in the denial letter, which does not mean it’s the end of seeking justice. You can be denied due to simple factors such as not meeting the eligibility like getting injured away from work.

One common reason for denial is failure to report the injury on time. It’s crucial to note that every state has its own statute of limitation in such matters, and failure to report the matter within that time causes you to risk losing the compensation. Your claim can also be denied if insufficient evidence proves the injury occurred while working.

The workers’ compensation cases can be complicated, especially if you don’t know what type of injuries they cover. Some people get their workers compensation denied when the injury is not compensable such as stress-related injuries that are hard to prove. In addition, if the employer disputes the claim, such as indicating that the injury resulted from horseplay or happened outside of work, your compensation can be denied.

How to Appeal a Denied Claim

Just because your workers’ compensation was denied doesn’t mean you are out of options. You can still appeal to get the benefits you deserve by requesting a hearing to contest the denial. It’s essential to ensure you work with an experienced personal injury attorney specializing in worker’s compensation to help increase your chances of winning your appeal.

When you have secured a worker’s comp hearing, the attorney will argue your case and try to prove that your claim should not be denied. To win your case, you need to prove that the injury that occurred on the job and your work-related injury is the reason for your disability and need for treatment. Proving that your injury resulted at your work is easy as you will provide your testimony, and other workers can help you. You need to keep hospital receipts safe as they will play a significant role in proving that the injury is the primary cause of your disability. This is referred to as medical causation. In most situations, the insurance might argue that you had a pre-existing condition before the injury that is the leading cause of disability. To prove this, you must have a good doctor and a lawyer.

End Note

Always engage with a reputable lawyer to help file an appeal and prove your injury occurred at the workplace and resulted from your disability.

Recent Post