Why You Should Always Appeal A Workers Compensation Claim Denial
A workers compensation claim denial can occur for various reasons. The official denial can sometimes scare people off from pursuing the claim further. However, it's important you don't let a denial stop you from trying to receive compensation for your injury. Here's what you should know about claim denial and appeals.
The Reasons for a Claim Denial Are Sometimes Pretty Thin
If you receive a denial of your claim, read the denial letter carefully. It will often tell you the reason for the denial. Some of the reasoning may seem a little arbitrary. For example, you can receive a denial because
- you didn't file in time,
- your employer didn't report in time, or
- your employer disputed your claim.
There are many, many other reasons for a claim denial. But, no matter the reason you received a denial, you can always appeal it.
Don't Waste Any Time on Appealing a Denial
The moment you receive a denial, there's a couple of things you should do immediately:
Consult a workers compensation lawyer – You should probably speak to a WC lawyer from the very start, but it becomes even more imperative when you're filing an appeal.
Your lawyer can help you file your appeal properly, so there's no mistakes. Your lawyer can also speak to the insurer on your behalf to see if there was a mistake on their part that caused the denial.
Learn how the appeal process works in your state – Appeals work differently in different states. You need to research how they work for you, and you need to start that research immediately.
Speak to your employer or the insurer – It's better to let your lawyer do the talking, but if you must, you can speak to the insurer. Working with the insurer helps, but understand everything you say to insurer can later be used against you. That's why having a lawyer do it for you is typically for the best.
Just like the initial filing, you will have a limited amount of time to file an appeal. So it's in your best interest to start working on the appeal the moment you receive notification of a denial.
If You Haven't Started the Process Yet
If you haven't started the workers compensation process yet, then you're in a good position to mitigate the possibility of a denial.
- Report your injury immediately
- File your claim quickly
- Speak to an attorney
- Document everything thoroughly
- Fill out all forms accurately
- Speak to the insurer
Doing everything the right way from the outset can lessen the possibility of a denial and the appeal process in the future. If you're unsure on how to go about the process properly, then consult a workers compensation attorney from a law firm like Hardee and Hardee LLP first.
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