Here’s what you should do when a workers’ comp claim is denied
When you’re injured at work, you expect for the workers’ compensation system to take care of your medical expenses and lost wages. However, for many workers, this is not reality. They’re met with claim denials that only increase the financial hardship that’s placed upon their families. However, your claim denial is not the final word on your claim. You have the right to appeal the claim and present your case. With that in mind, read more below about the specific steps that should be taken if you receive a workers’ compensation claim denial.
Evaluate your Denial
The first step that you need to take is to evaluate your claim denial. The employer or workers’ compensation insurer must provide a written explanation of why the claim was denied. Look at the reasons listed, and evaluate if you have a case to appeal. If it was denied because you filed late or lied on the claim, there’s probably nothing that you can do. However, if it was rejected for some sort of clerical error or dishonesty on your employer’s part, you may have a case that can be overturned.
Hire a Workers’ Comp Attorney
If you’ve decided that your case is worth fighting, it’s smart to find a qualified, experienced workers’ compensation attorney that can help you with the next steps of this process. There will be a hearing in front of the workers’ comp commission and you’ll have to prepare for this.
Draft a Letter of Appeal
This is the formal letter of appeal that must be prepared and filed to receive a hearing with the workers’ compensation commission. This should outline your case, the evidence for you, and the requested course of action. Your lawyer will know exactly how to structure this letter for maximum effect.
The last step is to attend the hearing and present the evidence to an arbiter. Your attorney should attend this hearing and present your case in the most logical, straightforward manner, utilizing all of the evidence at your disposal to prove your claims!
LaMarca Law Office provides workers’ comp help to injured workers in Central IL including Springfield, Jacksonville, Decatur, and all surrounding areas.