Appealing Denial of Workers’ Comp Benefits

Posted by James PetersOct 16, 20180 Comments

Are you one of the millions of Americans across the country spending your days working in risky environments? Like you, many workers push their physical limits lifting, pushing, pulling, crouching, and crawling on a daily basis. Some are even exposed to dangerous fumes, sharp objects, extreme heights, and harsh elements. In any of these scenarios, employees are at risk of getting hurt, so it's no surprise that work-related injuries or illnesses happen as a result.

If you were injured on the job or developed a medical condition because of your work you're no doubt hoping to be eligible for workers' compensation benefits. But what can you do if your claim has been denied?

The workers' compensation system is complex, and your claim could be turned down for any number of reasons. But what you may not know is that if your claim is denied, you have the right to appeal this decision. There are several common reasons for claims to be denied, including:

Missed deadlines – Injuries and illnesses must be reported to an authority in writing right away. Otherwise, it is harder to prove that the injury occurred while working, and not from another activity outside of work. State laws also determine deadlines for filing an initial claim, typically 30 to 90 days.

Unauthorized Physician – Your preferred doctor may not be a medical provider within the employer's insurance network. In order to get your medical bills covered by workers' compensation, make sure you see a provider recommended by your employer that is within its insurance network.

Employer Disputes Claim – Your employer may claim the accident happened outside of work, for instance, on your break or during your commute to work.

Pre-Existing Condition – If you had an injury or illness before starting your job and your job did not make it worse, you are typically not eligible for workers' compensation.

An appeal of a workers' compensation claim denial can be a complicated process. Experienced workers compensation lawyers in Rockville, MD, can represent you in your appeal hearing, as well as assist with everything from filing the correct paperwork to gathering evidence to support your claim.