Should You Appeal a Workers’ Compensation Denial? Five Important Steps to Preserve Your Claim
Preserving Your Workers’ Compensation Claim
If you have filed a workers’ compensation claim and have had it denied by the insurance company, it might be frustrating enough to make you want to give up. There are steps you can take to help maintain your claim. Our workers’ compensation attorneys at McMahon, Kublick & Smith in Syracuse, NY offer some important steps to follow to keep your claim open.
Determine the Reasons for Your Denial
You need to discover exactly what the reason was that your workers’ compensation claim was denied. The denial letter you receive will most likely contain that information. If not, you can contact the workers’ compensation insurer to find out.
Here are some common reasons a claim may be denied:
- Employer Disputes the Claim — If your employer argues that your injury was the result of some disqualifying factor such as horseplay and not as a result of your job duties.
- Injury Not Reported in Time — You should report any job injury immediately. State law specifies what the maximum time limit is for each state.
- Claim Not Filed in Time — Even if you inform your employer of your injury, the law does limit the time period during which a workers’ compensation claim must be filed by.
File an Appeal Within the Time Limit
If you believe the denial of your claim in an error, take note of the amount of time you have to file your appeal. Many states have time limits on when you can file for an appeal.
Present Evidence at Trial
You many need to present any medical evidence and relevant testimony at trial. It is important to have an experienced workers’ compensation attorney representing you at your hearing. The insurance company will have an experienced legal time of their own, so you need to be ready with the best legal representation of your own.
Pursue Further Appeals
If your claim is denied at trial, is that it? No. In New York State, you have the right to appeal a judge’s decision to the Appellate division and beyond should it be necessary. A workers’ compensation attorney can advise you the merits of the appeal and what is really involved. There is a very short time period to appeal at this point.
Start by Discussing Your Workers’ Compensation Claim With an Attorney
It costs nothing to speak with one of our Syracuse workers’ compensation attorneys. Good legal representation is important and our team will evaluation your individual case to make sure you get the right advice.