While dealing with a denial of a workers’ compensation claim can be incredibly frustrating, it’s important to know that when you have a clear understanding of your options, there can be a significant difference in the way forward. As your dedicated New York workers comp attorney, we’re here to guide you through the process and answer some of the most common questions you might have.
Why Might A Workers’ Compensation Claim Be Denied?
A workers’ compensation claim can be denied for several reasons. Common reasons include incomplete or incorrectly filed paperwork, disputes about the severity or cause of the injury, and insufficient medical evidence. Sometimes, the insurance company may argue that the injury did not occur at work or that it does not meet the criteria for compensation. It’s important to carefully review the denial letter to understand the specific reason for your denial.
What Steps Should I Take If My Claim Is Denied?
If your claim is denied, the first step is to review the denial letter and understand the reason for the denial. After that, gather any additional evidence or documentation that could support your claim, such as medical records, witness statements, and incident reports. You can then file an appeal with the workers’ compensation board. It’s beneficial to consult with an attorney who can help you through this process and improve your chances of a successful appeal.
What Kind Of Evidence Can Strengthen My Appeal?
For a successful appeal, it’s critical to have strong evidence. Medical records that clearly document the injury and its connection to your work are essential. Witness statements from colleagues who saw the incident can also be very helpful. Additionally, any correspondence with your employer regarding the injury or any previous complaints about unsafe working conditions can support your case. Keeping detailed and organized records will aid in building a strong appeal.
How Long Does It Take To Resolve A Denied Claim?
The timeframe to resolve a denied workers’ compensation claim can vary. The appeals process might take several months to over a year, depending on the complexity of the case and the workload of the workers’ compensation board. Multiple hearings, additional medical examinations, and gathering new evidence can extend this timeline. It’s important to stay patient and persistent throughout this process.
What Can I Do If My Appeal Is Unsuccessful?
If your appeal is unsuccessful, you still have options. You can consider taking your case to a higher level of appeal, such as a state appellate court. Negotiating a settlement with the insurance company is another possibility. Discussing these options with an attorney will help you understand the best path forward based on your specific situation and the details of your case.
Moving Forward With Confidence
Be aware that you don’t have to go through the challenging workers’ compensation claims process alone. At Polsky, Shouldice & Rosen, P.C., we are committed to helping you understand your rights and fight for the benefits you deserve. If you are dealing with a claim denial, reach out to us today. Our team has over 30 years of experience and is ready to assist you with the appeals process and work towards the compensation you need. Contact us now to schedule a consultation and take the first step towards resolving your claim, we handle cases all through the New York City metropolitan area.
