Receiving a letter from
the insurance company denying your worker’s compensation claim can be
frustrating and disheartening to say the least. This could possibly arrive at a
time when you are in a financial crisis with medical bills that continue to
pile up and when you are possibly in acute physical pain.
Absence from work only
continues to cause further monetary woes. However, a denial does not imply the
end of the road since you can file an appeal, say very real New York worker’s
compensation lawyers.
Contact the Insurance
Company
One of the reasons why
your workers’ comp insurance claim may have been denied is because the paperwork
was not in order. It would be prudent to contact the insurance company to
rectify the errors in your paperwork. Following this, your claim is likely to
be reconsidered and you will receive the compensation you rightly deserve.
Claims are often denied
when the insurance company believes that the complainant isn’t eligible for the
worker’s comp claim. This could happen if they determine that the accident did
not happen in your workplace or you sustained the injury after your working
hours were over.
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Sometimes the insurer
may refuse to clear a claim because they believe that the injuries or ailment
was not workplace related but are the result of a pre-existing condition. In
the opinion of New York workers’ compensation attorneys you can meet with the
insurer’s representatives to reconsider your position and furnish additional
proof in the form of workplace evidence such as work logs, witnesses, and other
related documents along with medical records that can legitimize your claim.
Now this is not The
Wire. You do not have to worry about witnesses ending up dead. If this was The
Wire or a criminal case then you have other things to think about. In this
circumstance, there is no Preston 'Bodie' Broadus (J.D. Williams) so you do not
have to become stressed out. Your co-workers, if they are honest, will inform
your New York City worker’s compensation lawyer that you were injured on the
job and that this accident was not your fault and that you were not negligent.
This website Workers-Comp.USAttorneys did not exist when The Wire was on but it does now, much
to the dismay of irresponsible and dishonest people. This website has helped
make many wrongs right.
File an Appeal
You can file an appeal
on your own to the state worker’s compensation agency. However, it advisable to
seek legal counsel since the process involves plenty of paperwork and there is
a statute of limitations as well. While some states the deadline is a year
after the denial in other states you are required to file within a few weeks or
a few months from the date you received the denial letter or intimation.
Mediation
Before the hearing many
state laws mandate that you sit with the insurance company along with a neutral
third party who will act as a mediator. Attending mediation with a legal
professional is recommended since they are well versed in dealing with an
insurance company’s legal team or legal representative.
Formal Hearing
New York workers’
compensation lawyers point out that if mediation fails, you will have to attend
a formal hearing and present evidence before the worker’s compensation board to
prove why the denial was unjustified. Medical evidence, duty logs, and
co-worker testimony can be used as evidence to prove that your claim is
authentic.
However, if you fail to
secure compensation at the hearing then you can appeal against the worker’s comp
denial to the board a second time.
You are not required to present all the evidence once more but will have to
explain why you think that the hearing officer’s decision was wrong. Just make
sure to consult a New York workers’ compensation lawyer to protect your rights.
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