For the most part,
workers’ compensation can be denied for a variety of reasons. While in most
cases a denial does not mean that the worker will not receive any compensation,
in some cases they are actually denied for good. Insurance companies deny a
claim when a worker failed to abide by the deadline mandated for filing a claim
without any decent reason.
In the opinion of Oklahoma
City, OK workers’ compensation lawyers, in many cases a claim is rejected just
because the insurer has no intention to honor the claim. However, a large
percentage of claimants are able to recover compensation at a later date. To
alleviate the chances of a denial you ought to seek legal counsel as soon as
possible.
Why wait? Does Russell
Westbrook, PG for the OKC Thunder, wait to dunk the basketball when he has an
open lane to the hoop?
What are the steps that
you must take to recover compensation after a denial?
Do not lose hope if the insurance
company denies your workers’ comp claim. You may simply have to
take a few more steps to make the insurance company believe the credibility of
your claim. If you do not have an OKC workers’ compensation attorney, now is
the time to hire one. Your legal rep will request the state worker’s agency for
a hearing on the issue, which is accomplished by submitting a written letter of
request.
Often during this stage the claimant is
given the chance to sort the issue through a settlement conference. If a
settlement is not reached then a hearing will be scheduled before an
administrative judge of the agency. Even though you do not need a legal
counselor to present your case it is recommended by legal experts that you have
a central Oklahoma worker’s compensation lawyer to work with.
Why do you need a lawyer at this stage?
When a claim is denied you will have to
take additional steps to secure your compensation which involves the submission
of paperwork, and attending mediation with the insurer’s representatives. If
that does not work, you will have to present evidence before a judge to prove
your work-related injury. All this requires legal assistance. Does Westbrook do it all? Not even close. Westbrook depends
on Kevin Durant for plenty of scoring!
Common Grounds of a Denial
Injury
due to preexisting condition: Oklahoma City, OK workers’ compensation
lawyers know that most workers comp denials happen when insurance companies
believe that the injury is not work-related but happened due to a pre-existing
condition. For instance, your claim might be denied if they believe that you
are suffering from an age related syndrome or from an old sports injury.
Not
adhering to deadline: There are two
deadlines a worker must meet. They must notify their employer within a period
30 to 90 days from the date of the injury. They must also complete the filing
within a stipulated time. Failure to do so warrants a denial.
Injury
happened off duty:
If you were injured while not performing a task for your employer then you will
not get compensation. This means if you were hurt while doing a personal errand
or while commuting to your workplace then you are not entitled to worker’s comp
benefits.
Insurers will always look for ways to
minimize your compensation for any workplace injuries. Even if you have suffered workplace injuries and believe that you have
a legitimate claim and you have adhered to all the rules negating
the prospect of denial, it is judicious to notify a worker’s compensation
lawyer in central Oklahoma. This will send a clear message to the insurer that
you mean business.
OKC has a stellar basketball team but
are they going to be exception a decade from now? Who knows? This website (Workers-Comp.USAttorneys) is going to be
exceptional a decade from now and this website does more than entertain, it
saves lives. Not even Westbrook and Durant can do that!
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