Were you denied workers compensation after filing a claim? If so, know that you have the right to appeal the decision so that the claim can be approved. Here is what you can expect to happen when you appeal your workers compensation denial.
Legal Denial
If your claim was denied for legal reasons, such as not reporting your injury on time, then you will need to start the discovery process. This means getting all the supporting documents that you need that will support your case in court. If you do not have the evidence, then there will be no point in pursuing an appeal, because you will likely not win in court.
For example, if you were denied for not reporting the accident in time, then you need to provide evidence that you did indeed report the accident. This can be from getting copies of emails regarding the accident that were sent to supervisors, getting statements from people that witnessed a manager being verbally told, or even witnessing the aftermath of an accident themselves. There are definitely ways to prove something happened when an employer is arguing otherwise.
Medical Denial
Being denied workers compensation for medical reasons is a bit more tricky, and you'll likely want the help of a lawyer to get you through it. You may be in a situation where a doctor says your injury is not as serious as it really is, and you need to get a second opinion on the matter.
You'll need to work with a qualified medical evaluator; they will serve as a neutral third party and may give you a second opinion different from what your primary care doctor has given. You can then use this evaluation to present new evidence regarding your medical condition.
Going through the denial process involves going to court so that a judge can decide who is right in this situation. The workers compensation insurance provider is going to have their own defense as to why they denied your claim based on a medical reason, and you need to be prepared for possible responses to their reasons.
Sometimes, simply working with attorneys is a way to settle the claim and not go to trial. The insurance provider may take your case more seriously knowing that you have legal help on your side. It also ensures that you handle the appeal the right way and do not make mistakes along the way.