The Appeals Process For Denied Workers’ Compensation Claims

In this article, you can discover:

• Why the reason behind your claim’s denial is the first step to appeal.
• How thoroughly documenting your case supports your appeal process.
• What legal steps to take if your workers’ compensation claim has been unjustly denied.

Can I Appeal A Denial Of My Workers’ Compensation Claim?

Absolutely! If your workers’ compensation claim has been denied, don’t lose hope. The first step is understanding why it was denied. Was it because your employer claims the accident didn’t occur during work? Or perhaps they’re disputing the severity of your injuries? Whatever the reason, you’re not at the end of the road. You can initiate your appeal by filing a claim petition in court.

This isn’t just about challenging the denial—it’s about letting a judge review your case right from the start to determine if your claim is valid. If you’re still not successful after a trial or a motion for medical and temporary disability benefits, you retain the right to appeal to a higher court. And remember: having a seasoned attorney can make a monumental difference in navigating these complex steps and fighting against the denial of your claim.

What Steps Should I Take If My Workers’ Compensation Claim Has Been Denied?

First things first: document everything. Where and when did the injury occur? How did it happen? Were there any witnesses, or is there video evidence? This documentation is your first line of defense. If the insurance company denies your claim, it’s crucial to have detailed evidence to support your claim.

The next step? Get a skilled attorney on your side. They can press the insurance company, and if that doesn’t work, they’ll know how to move forward with filing a claim petition and a motion to secure your deserved benefits.

Can An Employer Deny A Workers’ Compensation Claim After It Has Initially Been Accepted?

Yes, an employer can deny a claim even after initially accepting it. This might happen if new evidence suggests the accident didn’t occur as reported or if the injury isn’t related to the reported accident. Such situations can lead to a denial of the claim, pushing the case toward a settlement or even a trial.

At trial, a judge will decide whether the accident is connected to your employment and if you should receive benefits. It’s a complex process, but understanding your rights is the first step toward ensuring you’re not left out in the cold.

Attorney Jeffrey Bloom is a seasoned lawyer based in New Jersey who has helped countless clients just like you navigate the intricacies of family law. With years of experience in divorce settlements, child custody, and support cases, he is prepared to assist you in achieving the outcome you need so that you can focus on moving forward with your life.

Still have questions? Ready to get started? Contact the Law Offices of Jeffrey M. Bloom today to schedule an initial consultation.

Is There Anything I Can Do If My Workers’ Compensation Claim Is Denied Due To A Preexisting Condition?

Worried about your claim being denied because of a preexisting condition? Here’s some good news: a claim cannot be denied solely because you had a preexisting condition. If your work exacerbates an old injury, you are still entitled to compensation.

The goal here is to prove that your job has worsened your condition, which entitles you to benefits for that exacerbation. However, the extent of treatment and any permanent disability benefits might be adjusted based on the preexisting condition.

Should I Seek A Second Opinion From A Different Doctor If My Workers’ Compensation Claim Was Denied Based On A Medical Evaluation?

If you feel that the medical evaluation underpinning your claim denial was unjust, seeking a second opinion is a smart move. In New Jersey, while the employer directs initial treatment, getting a second opinion can provide a different perspective on your condition and the needed treatment.

This can be particularly valuable if you believe further treatment is necessary. So, a second opinion can significantly strengthen your position when challenging the insurer’s decisions about your treatment. You’ll need to be prepared, though, as you might have to cover this cost out-of-pocket.

What Will Hiring A Workers’ Compensation Attorney Do To Help With A Denial Of My Claim?

Navigating a denied workers’ compensation claim requires expertise and strategic legal action. An experienced workers’ compensation attorney can be invaluable. They will file the necessary legal documents, set up your case in the judicial system, and advocate for you in court.

Their expertise ensures that every piece of evidence is presented effectively and that your rights are vigorously defended. This isn’t just about legal representation—it’s about ensuring that you and your family are protected during a challenging time. Don’t go it alone; let a professional guide you through the process.

For more information on Workers’ Compensation Claims Denials, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (855) 208-3650 today.