If your employer's insurer denied your workers' compensation claim, you may wonder if it's okay to appeal your case. If you completed all of the correct forms and medical exams needed for your claim, then yes, it's possible to file an appeal with workers' comp. However, you must be able to prove your case properly. Here are some things you may consider when appealing your denied workers' compensation claim.
Make Sure Your Employer Filed Your Forms
One of the biggest reasons workers' compensation claims are denied is a lack of paperwork. If your employer didn't submit all of your forms to their insurer during and after your accident, you can lose your claim for benefits. Workers' comp can't approve your claim without evidence of your accident.
Your employer or company's human resource office can check your file to see if it contains copies of your accident injury forms, including a First Report of Injury or Illness form. The form should list the time, date, and location of the accident, including a list of people who witnessed the incident. If you sought emergency room care after the incident, the form should list this information as well.
If your file lacks the First Report of Injury or Illness form, or any forms pertaining to your accident, contact a workers' compensation attorney right away.
Get the Legal Help You Need
An attorney may try to find out why your employee file lacks copies of your accident forms. A lawyer may ask your employer or human resource office directly, or they may send a request form to your employer through the mail. If the employer states that they submitted all of your paperwork to their insurer, an attorney may contact the insurance company to verify this information. If the insurance company doesn't have all of your correct forms, a workers' compensation lawyer may pursue your case in court.
An attorney will need to prove that your employer was negligent in submitting your forms on time. Although it doesn't occur with every job, some employers can refuse to pay their injured workers benefits to save money on expenses. The employers may lose the injury forms, or they may blame the accident on their employees. If your employer did any of these things, an attorney needs to discover why.
Once an attorney has the evidence they need against your employer, they'll move forward with your case or claim. An attorney will update you about your case until it is completed.
If you need help disputing or appealing your denied workers' compensation claim, contact a lawyer today.