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What Should You Do If Your Workers' Comp Claim is Denied?

What Should You Do If Your Workers' Comp Claim is Denied?

Every worker in America deserves to know that they will be taken care of in the unfortunate event of a workplace accident. Workers’ compensation claims and benefits exist solely for this purpose. Receiving proper benefits isn’t as simple as pointing to your injury and asking for help, though, and oftentimes a workers’ compensation claim is denied upfront. When this happens, are you out of luck? Or is there something you can do to ensure you get the care, attention, and financial support you need?

Appealing Your Workers’ Comp Claim Denial

The first thing you are going to get to tell you that your workers’ compensation claim has been denied should be a letter from your employer, or directly from their own insurance provider. Look it over closely to determine exactly why they are denying your claim. They might cite that you failed to file your claim before a statute of limitation expired, or they could simply deny any liability for your accident. Non-serious injuries also might not be severe enough to trigger benefits. No matter what their reasoning, it should be on there somewhere.

If it appears that a mistake in paperwork was the source of the denial, things might be easier than it first seemed. Contact a workers’ compensation attorney, allow them to review your paperwork a second time, and file to resubmit. Hopefully, everything is cleared up and you are on the road to recovery. But what do you do if you’re still on the road of resistance?

You need to file a workers’ compensation appeal as fast as you can. In some circumstances, you will only have 10 days after being notified of the denial to counter with an appeal. Even though most appeals will begin with a hearing before an administrative law judge (ALJ), you need to prepare ahead of time as if it was a full trial case. Bring evidence of your claim, such as medical records and witness testimonies of your workplace accident, and use an attorney to persuasively argue your claim on your behalf.

If you live in Albuquerque and are in need of a trustworthy workers’ compensation lawyer, you can turn to Michael J. Doyle, Attorney at Law. For more than a decade, Attorney Doyle and our team have been fighting for the rights of the employees who have been injured while performing their expected duties at work, including police officers and fire fighters. You can request a free case consultation by calling 505.219.2176 today.


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