If you were injured on the job, you should have informed your employer. Once your employer was informed, a workers compensation case should have been opened for you and you should have been told what doctors, hospitals or clinics you could seek treatment with. Once all of this is done, a workers compensation insurance company will notify you if your claim is accepted, delayed, or denied. The time frame for this varies based on the state you live in, but is generally done within 90 days. If your claim was denied, you may wonder what to do next. Hiring a workers compensation attorney quickly is highly advised. Here are a few of the ways an attorney can help you in this situation.
Can Help You Obtain Medical Reports Showing You Did Sustain an Injury
One of the reasons your workers compensation case may be denied is because there is no medical evidence to show you actually sustained an injury or medical reports that corroborate your version of events in which you sustained the injury. A workers compensation attorney works with professional doctors who can examine you and then write a report that addresses everything that needs to be addressed to get your claim accepted.
Can Speak to Witnesses to Prove You Were Injured on the Job
Another reason why your claim may have been denied is because the insurance carrier stated your injuries did not happen on the job. If your claim was denied for this reason, an attorney can talk to witnesses at your job site who may have witnessed your accident. Obtaining these witness statements can help show that you were injured on the job.
Can Take Your Case to Trial to Get It Accepted
The last way an attorney can help you if your claim is denied is by taking your case to trial. The insurance carrier does not have the final say when it comes to whether or not your claim is accepted or denied. The workers compensation board in your city or state does. If your attorney feels you have good medical reports and proof the injury was sustained during your employment, they may take the case to trial to get a judge to make the final decision. This is hard to do on your own, as you need to file the appropriate paperwork and be able to prove your case. An attorney knows what needs to be filed and what needs to be proven to help you get your case accepted.
If your workers compensation claim was denied, you have a limited amount of time to dispute the denial and build a case showing that the claim should be accepted. If you fail to do this within the time frame allowed in your state, you lose all rights to re-file a claim or have your claim accepted in the future. If you have received a denial for your workers compensation claim, hire a workers compensation attorney quickly to ensure everything is done within the time frame allowed in your state.