As per the law, it is expected that the working conditions provided by your employer are safe and healthy. However, accidents do happen, and that is why it is recommended that you consider working where there exists a sound workers’ compensation policy which protects you as an employee. Worker’s compensation is essentially a reimbursement that you are supposed to receive in the event of an injury at work. But what happens if your employer fights against your quest for compensation? Well, we have detailed the steps you should take to handle the situation.
Steps to take if your Workers’ Compensation Claim is denied
Find out why
For starters, there are several reasons why your workers’ compensation can be denied. Some of the common causes are perhaps if the injury was not reported on time, if the claim was not filed on time or if there is no medical treatment evidence presented etc. The claim can also be denied on the grounds of insufficient evidence that the injury was not work-related. That is why it is essential to find out why the claims were dismissed before moving to the next step.
Appeal against the worker’s compensation denial
After finding out why your claim was denied, you can move with speed to appeal the decision. The denial letter should indicate within what period you should appeal. This could range from 15 to 30 days. However, you should meet your employer before initiating the process of appeal. That is because the denial could have been a slight misunderstanding that can be settled at the workplace level.
If you decide to go on with the appeal, you should consider consulting an experienced personal injury attorney to represent you before an administrative law judge. You can click here to find more about how a worker’s compensation attorney can help you in the appeal process. Frankly, you are more likely to get your workers’ comp if you have an experienced personal injury lawyer representing you.
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Prepare your defense
Now, if you are to defend your case successfully, you will need to carry along any documentation that supports your claim. These documents should be based on the grounds for your appeal. So, ensure that you put together any supporting documentation such as a medical examination and time sheet indicating the injury, evidence that it occurred while working and negligence on the employer’s side, etc. That will be important to support and make your case stronger.
Find witnesses
It would be vital if you get fellow workers who can attest to the authenticity of your case. If, for example, the injury occurred at the workplace in the presence of other workers, it would help if they give testimony before the administrative judge to support your case.
Embark on job search
Although compelling your employer to cater to your worker’s compensation through appeal is your right, you might lose your job in the process. This is notwithstanding the fact that no employer should fire an employee for demanding their rights. That said, it is essential to find a job while appealing for compensation. It’s good to have a good backup in such a scenario.
Final word
As a worker, you are entitled to a safe and healthy working environment. You should be protected from any foreseeable accident by the employer. However, if an accident occurs, you should be compensated for the loss or injury. And if the employer denies you the compensation, make sure to follow the steps in your appeal. Moreover, hire an experienced lawyer to help fight for your compensation.
