Denial of Worker’s Compensation Claim

The workplace can be full of dangers just like anywhere else, regardless of the profession. That is why most companies are required by law to provide worker’s compensation insurance for any accidents an employee might have while on the job. Worker’s compensation is an insurance policy that replaces the need for workers to sue their employer if an accident happens while they are working; it generally provides compensation for medical bills and lost wages. However, your claim can be denied. If it has, you should be aware of why it may have been denied and which steps to take afterwards.

Some Possible Reasons Your Claim Was Denied

It may seem that all is lost when you have been denied worker’s compensation and you may be panicking about how to appeal the decision. It is important to know why your claim was rejected in the first place in order to shape your appeal should you decide to pursue one. Here are a few reasons you might have been rejected:

• You may have missed the window of the statute of limitations required to pursue a personal injury claim.
• Your employer denies the injury happened on duty at work.
• You did not pursue medical treatment or treatment was not necessary for your injuries.
• You waited to file a claim past the window that is considered a reasonable amount of time: 30 to 90 days after the incident.
• You provided insufficient evidence and you were unable to prove the incident occurred on duty at work.
• Your claim was based on a mental or emotional stressor from your job and worker’s compensation does not cover such issues.

After you have figured out why your claim was denied, you can think about whether an appeal is your best step forward and if it it s, you can discuss the appeals process with your lawyer, like a worker’s compensation lawyer Milwaukee WI relies on. You may find that after a simple correction, like providing a key document, can help put you back on track with an appeal.

The Path to Appeals

You have thirty days to file an appeal after your worker’s compensation claim is denied. It is not necessarily an expedited process. It can take months for the court to make a decision about your appeal and it depends much on the severity of your injuries and whether you have provided enough evidence to prove your claim. You may want to inquire with your employer to see if the company was rg reason you were denied at first.

Regardless of the reason for denial, it is always best to have an attorney’s opinion who specializes in worker’s compensation cases. In fact, you should hire one before you have even begun the first claim in order to better your chances of approval the first time around. Paperwork, insurance companies and unemployment may be extremely daunting, and even devastating on your own, but with a lawyer on your side, you have a much better chance at receiving the compensation you deserve and ensuring a healthy recovery.

Thanks to our contributors from Hickey & Turim, SC for their insight into denial of workers compensation claims.