Injuries sustained in the workplace should be covered by the employer’s insurance provider. This system minimizes costly lawsuits for the employers while taking care of the workers. However,it does not always pan out as intended. Sometimes claims are denied and people are left to deal with their injuries on their own. The good news is that a denial is not the end of the line.
So what to do after a work comp denial? The typical next step would be to file an appeal at the state’s board of worker compensation. This can be a long and arduous process. You will have a greater chance of winning your appeal if you have an experienced file for workers compensation at your side.
Reasons for Denial
It is also vital for you to understand why you were denied in the first place. The specific reason should be stated in a letter. For many,it is a question of timeliness. Injuries should generally be reported to the supervisor within a few days of the incident. The specific timeframe will depend on the state laws. This might have to be formalized in writing in order to have a vital record. The claim should also be filed on time. This is usually between one to three months from the onset of the injury.
The claim may also be denied if the employer files a dispute. They might say that this accident did not happened within the workplace. They might also say that it was triggered by actions that have nothing to do with work such as people being engaged in personal fights or horseplay.
The injury might also happen to fall outside of the scope of worker’s compensation or there might not have been any medical treatment performed on the injured person. In a lot of cases,there simply isn’t enough evidence to prove that it is work-related. Your workman's comp lawyer will gather the necessary evidence to convince the board to accept the appeal.