What to Do After a Workers’ Compensation Denial

Workers Compensation Attorney

Coverage for injuries sustained at your workplace are usually covered under an employer’s workers’ compensation coverage. The majority of states require employees to have workers’ compensation coverage. If you’ve gone through the process but you had your claim denied, it may not be the end of the road. There are still steps that you can take. In fact, you can appeal the decision through the state’s board of workers’ compensation. Here is what you need to know about filing an appeal.

Why Was Your Claim Denied?

Before you can take the steps to rectify the denial, you need to figure out why it was denied in the first place. Usually, you will see the reason in the denial letter. This might be because you didn’t meet the eligibility requirements. Many of the reasons that you’ll see for a denial include:

  • You didn’t report the injury in time
  • You did not file the claim on time
  • Your injury is not compensable
  • You cannot receive medical treatment
  • You have insufficient evidence

Since there are a lot of reasons that a workers’ compensation claim is denied, it’s important for you to figure out why and determine if it was fair.

How Can You Appeal the Denial?

Once you know why you received a denial, you can appeal the decision. The denial letter will provide you with a final deadline for your appeal. In some states, you may have 30 days to file the appeal. Before you begin the process, you want to meet with your employee to determine if you can resolve the dispute easily. In some cases, it may have been a clerical error or something simply fixed.

Now, if it is a case where you need to appeal the decision, then you it’s time to think about an official appeals process. Every state has its own laws and process for appeals, but there are some similarities throughout the country. The appeals process involves a hearing before a judge through the state workers’ compensation board or the labor department. Make sure that you bring all of the proper documentation. This includes medical records and time sheets.

When it comes to workers’ compensation, most people rely on it after a workplace injury. If you feel as though you were wrongly denied your compensation, then you may want to file an appeal. As long as you have evidence on your side and file the appeal on time, it shouldn’t be a difficult process. To learn more about what to do after a denial, hire a workers compensation lawyer in Franklin, WI to speak to as soon as possible.



Thanks to Hickey & Turim, SC for their insight into workers compensation and denied claims.