If your workers ' compensation insurance claim is denied, you still have options. When your application for workers ' compensation has been declined, the first step you should take is identify why.
This should be stated in the letter of rejection. You could've been rejected solely because you do not meet the eligibility criteria, such as being injured while engaging in activities separate from work. However, if you think that the denial was made with fault, you can appeal against it.
The letter of denial should provide a time limit for filing your appeal, based on state law. For example, I n some states, you must file your appeal within 30 days of receiving the denial letter. Keep in mind that appealing a denial is a complex legal process that should be managed by an experienced worker 's comp lawyer.
The process for appealing differs by state, but often involves a hearing before a judge of administrative law. You should include any supporting documents, including medical reports that explain the reason(s) for the denial. This may be the findings of a second medical test, a time sheet indicating that you were operating at the time of the accident, or other facts.
Did your workers' compensation claim get denied? You may feel discouraged by the letter of denial, but don't quit. Your rejection may be successfully challenged in several ways, but you may want to fill out a free evaluation form to consult with a legal professional in your area. Accepting a denial of compensation can be monetarily crippling, so you may want to see a worker's comp attorney.
Here is how an attorney can help by company: