Reasons for Workers’ Comp Denial/Requesting a Hearing
Sometimes, when you have received an on-the-job injury, an employer may be feigning sickness just to receive money. Unfortunately, every year people are denied benefits because an employer believes that their claims are fraudulent, especially those suffering from a cumulative trauma injury like carpal tunnel. Many of these cases receive bias because the inexplicable pain that someone feels cannot always be verified through a medical exam. Many medical conditions cannot be verified to their fullest extent every year, but an employee still experiences pain. Because of this, it is important to know your rights if this happens to you.
If you have received a denial of your workers’ compensation claim, it could have been for many reasons. Perhaps your employer or insurance company does not believe that you suffered a serious injury. Perhaps the injury didn’t take place at work or during the scope of employment. Maybe you didn’t need medical treatment or you didn’t need time off work. No matter what reason given for their dispute, you may still be entitled to benefits, so it is vital to understand your rights.
How to Appeal Your Denial
So, consider that you have been denied workers’ compensation benefits. How do you appeal this decision? In some cases, you may be able to speak directly to the insurance carrier to find out what went wrong, such as mistaken paperwork. If this mistake is fixed, sometimes your claim will be permitted. If you are left with no other choice, you may have to appeal the denial. From there, you may have a hearing in front of an administrative judge or with the state board of workers’ compensation. You must be able to present medical evidence and more at the hearing to make your claim. You want to file within the time limits, which is why it is imperative to speak to an experienced attorney about your case. Call us at Maggiano, DiGirolamo & Lizzi for more information today. We will help you if your claim has been denied and you need our help.