What to do if your Workers’ Compensation Claim is denied?
Each year there are many workers’ compensation cases that are denied for a variety of reasons, especially in New York State. In 2014 alone, more than 165,000 new claims were filed in New York for work-related injuries, of which 11,175 were contested. Unfortunately, this means that many workers are not receiving the benefits they need to support themselves while recovering from an injury.
In this article, we will review some of the main reasons for which your claim might be denied and the steps to follow if this happens. If you are in this situation right now, you should contact Conexión Legal as soon as possible to get the best free legal consultation. This way, we can contact you with a work attorney who can help you get the highest possible compensation.
Why are workers’ compensation claims denied? There are many reasons why a claim can be denied, these are some of the most common ones:
- If you did not notify your employer of your injury within the required deadlines.
- If you did not receive medical treatment after the injury.
- If you did not submit your claim on time.
- If you have not provided all the necessary information in your claim.
Reasons why your claim can be denied
The fact that your claim was denied does not mean that you should not keep fighting. In fact, many people can get benefits by appealing or applying for different ones. If your claim is denied, here is what you should do:
- The first thing you need to do is review your workers’ compensation claim. Sometimes, these claims are denied simply because there is missing documentation or because there is a mistake in the documents. If you cannot understand why your claim was denied, you need to seek legal advice.
- Get in touch with an experienced work attorney since they can be a valuable resource to appeal your case. Besides helping you review your application; a lawyer can file the appeal.
- Gather evidence and file your appeal if you think your claim should have been approved. However, you should be prepared for the appealing process if you choose to change your decision. Gather information and additional proof to file and strengthen your case. Ideally, your employment attorney should help you gather the important evidence and prepare for your appeal.
Unfortunately, not all claims have a happy ending. The reason for this can often be that the workers’ representative needs more information than the one already available to you or your employer.
If this is the case, you may help them providing the missing information so that they can keep fighting for your claim. Nonetheless, there is also the possibility that the workers’ representatives immediately reject your application, and this can happen for many reasons. Most times this happens because they do not believe that your accident occurred in your workplace.
Workers’ Compensation is a useful tool when it is used the right way since it can help a lot of injured or sick workers. Knowing how to file a claim and the steps to do so will definitely help in case you or someone you know finds themselves in a similar situation someday.
If you consider it necessary, you should contact Conexión Legal as soon as possible so you can get the best free legal advice. This way we can contact you with the ideal work attorney to represent you on court and get you the compensation you deserve.
Follow the steps below to schedule your free consultation.
El equipo de redactores de Conexion Legal está compuesto por un grupo de abogados especialistas en casos de accidentes de tránsito, laborales e inmigración para latinos. Cada miembro del equipo cuenta con amplia experiencia en su área de especialización, y todos ellos están comprometidos en ofrecer la mejor información y asesoramiento legal a la comunidad latina.