How to Handle a Denied Workers’ Compensation Claim

About the author

Robert Golan

When a Workers’ Compensation claim is denied, it can be a frustrating experience. Even when you have a legitimate injury, you may have to go through the appeals process. Employers and insurance companies will dispute a claim and use any evidence they can to prove their case. The judge may grant in their favor, depending on the circumstances of the evidence and the case. However, hope is not lost. There is still the appeals process.

Why Appeal?

When you have an injury, it is important for you to rest and recover. An injured worker may not be able to work in the same position, but could be put in a different position temporarily. Depending on the extent of the injury, the worker may have temporary disability and be required to stay out of work.

If the worker lost the case for compensation, the injury quickly becomes a financial difficulty. Appealing the lost case aids the worker in possibly having the decision overturned so they can receive the benefits they need to rest and heal from the injury without worry.

Next Steps To Get Compensation

In order to get compensation, the employee needs to first find out why their claim was denied. The denial could simply mean the paperwork needs to be filled out properly.

Find out if there is any information still needed to complete the request, including lost wages, medical bills, receipts, and the doctor’s diagnosis. If everything is right on the paperwork, then you will need to file an appeal.

Appealing a Workers’ Compensation Claim Denial

During the appeals process, there may be new evidence or an argument your attorney presents to fight for your case. The judge reviews the case again to provide a determination based on any new evidence or argument. In some cases that have gone through the appeals process, the attorney argues the decision and wins the case.

You do not have to undergo a denied claim by yourself. Our fierce Long Island Workers’ Compensation attorney, Robert Golan, PC has experience fighting for the rights of injured workers through the claims process and appeals.

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