Thursday, August 4, 2016

Has your workers’ comp claim been denied? Here’s what you should know about filing an appeal….

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.

If you are hurt on the job you need a New York worker’s compensation lawyer. USAttorneys.com is your best bet. The Knicks have not been impressive since the 90s, this website is impressive every year. 
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. 

No comments:

Post a Comment

Popular Posts