Handling A Denied Workers' Compensation Claim

12 November 2015
 Categories: Law, Blog


If you had become injured while on the job, you may have filed a workers' compensation claim in order to receive monetary compensation to handle your medical expenses and to reimburse your loss of wages. If you had just received a written notification specifying your application has been rejected, you will want to take the necessary steps in going through an appeal process if you believe you should rightfully obtain benefits. Here are some steps to follow after receiving a workers' compensation claim rejection notice. 

Have Representation

As soon as you receive a denial notification, call a workers' compensation lawyer (such as one from Erickson Law Office) to help you. They will look over any paperwork you have pertaining to your injury to help build a case that proves you are deserving in collecting monetary reimbursement. Often, an attorney will be able to convince a judge and workers' compensation board member that you did indeed become injured enough to not be able to work. 

Many people get a rejection notice the first time they apply. There may be something wrong with the way the application was filled out or the statute of limitations may have lapsed. A lawyer will be able to help you pinpoint the reasoning for the rejection and will help you remedy the situation in an attempt to appeal the denial.

Gather Medical Documentation

If a doctor had failed to give you a written report after an appointment, go back to their office and ask them to print out a summary of the visit. All prescriptions should be filled in a timely manner to show you are taking the doctor's orders seriously in an attempt to heal. This information is often evaluated to determine if you had taken every action possible in regaining your health to return to the job.

Get Inside Help

If the injury had been caused due to the negligence of your employer or someone else on the job, you will want photographic evidence supporting this claim. Since you are not on the job any longer, you will need to rely on a former co-worker to help you. If you have someone on the inside available, have them take pictures of the area you had become injured. Find out if anyone had witnessed your injury while you had worked there and ask them if they would write a report to give to your workers' compensation lawyer proving they had seen what had happened.

File An Appeal

A denied workers' compensation claim can be appealed. Each state has different rules in place regarding the statute of limitations in making an appeal. Contact your state's workers' compensation board to obtain the application for appealing a denied claim. You would then be contacted to go to a hearing to speak about the specifics of your claim in an attempt to have the ruling overturned.