Frequently Asked Questions About Appealing A Denied Workers Compensation Claim
For those who have suffered injury or illness as a result of their job, the benefits offered by a workers compensation claim are crucial to recovery. However, not all claims are approved initially. Denials can be disheartening, but it’s important to remember that a denial is not the end of the road. As a New York workers compensation lawyer, we often encounter questions about the appeals process and how to move forward. Below, we’ve answered some of the most frequently asked questions to help guide you through this challenging time.
What Are Common Reasons For Workers Compensation Claim Denials?
There are several reasons why a workers compensation claim might be denied. These include missed deadlines, lack of evidence proving the injury is work-related, or discrepancies in the accident report. Sometimes, the employer may dispute the claim, or the insurance company may argue that the injury is not severe enough to warrant compensation. Understanding the specific reason for your denial is the first step toward a successful appeal.
How Do I Start The Appeals Process After A Denial?
The appeals process typically begins with a formal request for a hearing before the Workers Compensation Board. This request must be filed within a specific timeframe, usually 30 days from the date of the denial notice. It’s essential to submit all required documentation and ensure that your appeal is filed correctly and on time. Consulting with a knowledgeable attorney can be invaluable during this stage to avoid any procedural missteps.
What Should I Expect During The Hearing?
During the hearing, you will have the opportunity to present your case before an administrative law judge. This includes providing medical records, witness testimonies, and any other relevant evidence that supports your claim. The judge will review the evidence and make a decision based on the facts presented. It’s important to be well-prepared and articulate your case clearly, as the judge’s decision will significantly impact the outcome of your appeal.
Can I Still Receive Medical Treatment While Appealing?
It’s important to be aware that you can and should continue to receive the necessary medical treatment while your appeal is pending. It’s crucial to keep all medical appointments and follow your doctor’s recommendations during this period. Documenting your treatment and its relation to your work injury can strengthen your case. However, there might be financial challenges if the insurance company is not covering these costs upfront, so discussing these concerns with your attorney can help you manage this aspect of your appeal.
What Are My Options If My Appeal Is Denied?
If your appeal is denied, you still have options. You can request a review by the Workers Compensation Board or even take your case to a higher court, such as the Appellate Division. Each level of appeal has its own procedures and deadlines, so it’s important to act quickly and seek legal advice to determine the best course of action. Persistence is key, and understanding your rights can help you continue to pursue the benefits you deserve.
Let Us Help You Appeal Your Denied Workers Compensation Claim
You don’t have to face the process of appealing a denied workers compensation claim on your own. Since 1991, Polsky, Shouldice & Rosen, P.C., have been dedicated to assisting injured workers in securing the compensation they need to recover and move forward. If you’re dealing with a denied claim, don’t hesitate to reach out to our experienced team. Contact us today for a complimentary consultation and let us help you fight for your rights and get the support you deserve.
