{"id":8370,"date":"2021-01-13T01:01:42","date_gmt":"2021-01-13T06:01:42","guid":{"rendered":"https:\/\/flevy.com\/blog\/?p=8370"},"modified":"2022-03-02T10:09:54","modified_gmt":"2022-03-02T15:09:54","slug":"what-if-your-workers-comp-claim-is-denied","status":"publish","type":"post","link":"https:\/\/flevy.com\/blog\/what-if-your-workers-comp-claim-is-denied\/","title":{"rendered":"What If Your Workers\u2019 Comp Claim Is Denied?"},"content":{"rendered":"<p><img decoding=\"async\" class=\"alignright size-medium wp-image-8371\" src=\"https:\/\/flevy.com\/blog\/wp-content\/uploads\/2021\/01\/pexels-photo-3880939-300x211.jpeg\" alt=\"\" width=\"300\" height=\"211\" srcset=\"https:\/\/flevy.com\/blog\/wp-content\/uploads\/2021\/01\/pexels-photo-3880939-300x211.jpeg 300w, https:\/\/flevy.com\/blog\/wp-content\/uploads\/2021\/01\/pexels-photo-3880939.jpeg 500w\" sizes=\"(max-width: 300px) 100vw, 300px\" \/>Workers\u2019 compensation, also referred to as workers\u2019 comp, covers injuries that happen at work. This can include tasks that are related to work, such as using company vehicles.<\/p>\n<p>Workers\u2019 comp insurance most commonly covers traumatic injuries such as slip and fall accidents. Occupational injuries, which are illnesses or injuries that occur over time, are also often covered by workers\u2019 compensation. The top three causes of work-related injuries, which make up <a href=\"https:\/\/www.bensonbingham.com\/understanding-workers-comp-in-nevada\/\">more than 84% of nonfatal injuries<\/a> involving time away from work, include overexertion, slips, trips, and falls, and contact with equipment and objects.<\/p>\n<p>Most states require employers are covered with the average level of risk for a particular injury.<\/p>\n<p>What happens if you file a claim and it\u2019s denied, however?<\/p>\n<h2>Common Reasons Claims Are Denied<\/h2>\n<p>Your first step after a workers\u2019 comp claim denial is to figure out the why behind the decision.<\/p>\n<p>Some of the common reasons for denials include:<\/p>\n<ul>\n<li>The injury wasn\u2019t reported within the required timeframe. State law dictates how soon you\u2019re required to report an injury, and it\u2019s usually just a few days. Along with reporting the accident, which often has to be done in writing, state laws also have deadlines for filing the initial claim, which is usually within 30 to 90 days.<\/li>\n<li>Employers may dispute someone\u2019s workers\u2019 compensation claim. For example, your employer might make the claim that <a href=\"https:\/\/injuryfacts.nsc.org\/work\/work-overview\/top-work-related-injury-causes\/\">you were hurt outside of work<\/a>, or you were hurt under circumstances that disqualify you.<\/li>\n<li>Some injuries aren\u2019t eligible for compensation. As an example, it\u2019s difficult to get compensation for stress-related injuries.<\/li>\n<li>If you didn\u2019t receive medical treatment, you\u2019re unlikely to be able to get workers\u2019 compensation.<\/li>\n<li>Your claim might not have included adequate evidence that your injuries occurred at work.<\/li>\n<\/ul>\n<h2>Steps to Take after a Denial<\/h2>\n<p>After your claim is denied, you should, as was mentioned, figure out why. You should receive a letter that tells you why.<\/p>\n<p>It may be a simple problem, such as a mistake with paperwork that you can fix relatively easily.<\/p>\n<p>More commonly, you\u2019ll have to<a href=\"https:\/\/www.nolo.com\/legal-encyclopedia\/denied-workers-compensation-claims.html\"> appeal the denial.<\/a><\/p>\n<h2>How to Appeal a Denial<\/h2>\n<p>The letter telling you why your claim was denied should also give you information on how to appeal your denial. Go over it carefully\u2014every state has its own appeals process.<\/p>\n<p>Usually, the first part of the appeals process is a hearing in front of an administrative law judge.<\/p>\n<p>At this hearing, you would present medical evidence and any other evidence you might have supporting your claim.<\/p>\n<p>Then, based on your state, there are other levels of appeal that go beyond the administrative level.<\/p>\n<p>You will have a state deadline for filing an appeal, just like you did for the initial claim.<\/p>\n<h2>Should You Get a Lawyer?<\/h2>\n<p>If your claim was denied for something simple that you can clear up pretty easily, then no, you don\u2019t need a lawyer. Otherwise, it\u2019s possible that you need an experienced work injury lawyer. If this is your case,\u00a0<a href=\"https:\/\/www.greenbergrubylaw.com\/los-angeles-work-injury-lawyer\">Greenberg and Ruby Injury Attorneys<\/a>\u00a0can help in these situations.<\/p>\n<p>It\u2019s important when you\u2019re going through the appeals process that you\u2019re doing everything correctly and on-time.<\/p>\n<p>An attorney is going to understand the ins and outs of what often amounts to a complex legal situation.<\/p>\n<p>An attorney can help you gather evidence and build a strong case for your appeal.<\/p>\n<p>Finally, there\u2019s also a different scenario to be aware of, which is reopening a workers\u2019 compensation claim.<\/p>\n<p><a href=\"https:\/\/www.oregon.gov\/dcbs\/OIW\/faqs\/Pages\/aggravation.aspx\">Reopening a claim<\/a> is different from an appeal of a denied claim.<\/p>\n<p>You might reopen a claim because your injury has returned or gotten worse, or there\u2019s new evidence that\u2019s come to light, for example.<\/p>\n<p>There are also time limits in place, set by the state, for how long you have to reopen a claim. These are usually up to seven years from the date your original claim was filed\u2014not the date of your injury.<\/p>\n<p>If you\u2019ve been paid in full and a release is signed by you, then your case may be considered closed, and you can\u2019t reopen it.<\/p>\n<p>As is the case with everything else related to workers\u2019 compensation, the process to reopen a claim varies based on the state.<\/p>\n<p>Approach a denial with the knowledge that an insurance company is not in a rush to pay out benefits. There\u2019s a high likelihood they\u2019ll deny your claim if there\u2019s even a small doubt about your injuries.<\/p>\n<p>If you do receive a denial, you might contact an attorney who can source the proper medical records and cite <a href=\"https:\/\/fitsmallbusiness.com\/most-common-workplace-injuries\/\">employment law that\u2019s relevant to your case.<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Workers\u2019 compensation, also referred to as workers\u2019 comp, covers injuries that happen at work. This can include tasks that are related to work, such as using company vehicles. Workers\u2019 comp insurance most commonly covers traumatic injuries such as slip and fall accidents. Occupational injuries, which are illnesses or injuries that occur over time, are also&hellip;&nbsp;<a href=\"https:\/\/flevy.com\/blog\/what-if-your-workers-comp-claim-is-denied\/\" rel=\"bookmark\"><span class=\"screen-reader-text\">What If Your Workers\u2019 Comp Claim Is Denied?<\/span><\/a><\/p>\n","protected":false},"author":17,"featured_media":8371,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"neve_meta_sidebar":"","neve_meta_container":"","neve_meta_enable_content_width":"","neve_meta_content_width":0,"neve_meta_title_alignment":"","neve_meta_author_avatar":"","neve_post_elements_order":"","neve_meta_disable_header":"","neve_meta_disable_footer":"","neve_meta_disable_title":"","footnotes":""},"categories":[1],"tags":[],"class_list":["post-8370","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-general"],"_links":{"self":[{"href":"https:\/\/flevy.com\/blog\/wp-json\/wp\/v2\/posts\/8370","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/flevy.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/flevy.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/flevy.com\/blog\/wp-json\/wp\/v2\/users\/17"}],"replies":[{"embeddable":true,"href":"https:\/\/flevy.com\/blog\/wp-json\/wp\/v2\/comments?post=8370"}],"version-history":[{"count":5,"href":"https:\/\/flevy.com\/blog\/wp-json\/wp\/v2\/posts\/8370\/revisions"}],"predecessor-version":[{"id":10589,"href":"https:\/\/flevy.com\/blog\/wp-json\/wp\/v2\/posts\/8370\/revisions\/10589"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/flevy.com\/blog\/wp-json\/wp\/v2\/media\/8371"}],"wp:attachment":[{"href":"https:\/\/flevy.com\/blog\/wp-json\/wp\/v2\/media?parent=8370"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/flevy.com\/blog\/wp-json\/wp\/v2\/categories?post=8370"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/flevy.com\/blog\/wp-json\/wp\/v2\/tags?post=8370"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}