Maximizing The Chance Of An Accepted Workers’ Compensation Claim After A Denial

When someone gets injured on the job and the injury leads to a situation where the person is no longer able to perform their job safely, they may file for workers' compensation to make up for the monetary loss. Filing for workers' compensation does not automatically mean you will be accepted to receive payments. Many people will be denied, requiring steps to be taken to convince the workers' compensation board that the claim is just. Here are a few tips you can use to help maximize the chance of acceptance if you are initially denied benefits after the first application is filed.

File An Appeal Promptly

You will receive word via mail letting you know if your workers' compensation claim was accepted or denied. If you receive a denial you will want to work fast at filing an appeal. There is usually a statute of limitations in place specifying how many days you have to file additional paperwork. Since the denial letter is mailed, you must take the days it had taken you to receive word of a denial into consideration. This makes it necessary to file immediately so you do not get shut out in having a chance of a turnaround. Check with your state workers' compensation board to find out how long you have to file.

Hire Representation

After filing your appeal paperwork you will want to hire an attorney, like those at Gilbert, Blaszcyk & Milburn LLP, to represent you. An appeal process takes place in a courtroom setting with a judge and a workers' compensation board member. Having an attorney will give you the edge needed to prove to these people you deserve benefits. Going to an appeal hearing alone will be difficult if you do not understand the laws pertaining to your ruling. An attorney will be able to find a niche to expand upon at the hearing, showing why you should be receiving payments due to your injury. Without an attorney you will not have past case information at your disposal, which could help you prove your case.

Gather Documentation

When you go to your appeal hearing, you will want to have plenty of evidence backing up your claim. Make sure you have all your medical documentation available for review. Follow your doctor's instructions closely as you may be investigated to see if you are indeed as injured as you say.

If you have witnesses from within your prior place of employment available to speak on your behalf, have them write reports about the incident they had seen and have each person available to come to the court to give a witness account, if possible. If you have someone on the inside is available to take photograph evidence of the area where the accident had occurred, this could be beneficial to your case as well.