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Appealing a Denied Workers’ Compensation Claim


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6/26/2015
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A Baltimore workers comp lawyer will help you to understand why your workers compensation claim might have been denied and assist you with filing an appeal.

Your Baltimore Workers Comp Lawyer Will Explain Possible Reasons for a Denied Claim

If you have suffered an injury on the job, your next step might be to file a workers' compensation claim. That injury could be an occupational disease or cumulative trauma. It is not a guarantee that the workers’ compensation claim will be approved. There are numerous reasons why it might be denied. If there is a denial, you will be informed in a letter. It will probably say why the claim was denied. A frequent reason for denial is the failure to report or file in the proper time frame. According to the law, an injured worker is required to report the claim as soon as possible. Often, it has to be within days. In addition, the employer must also let the state and/or the insurer in about the same period of time. Claims can also be denied if the employer disputes it. It might be because the employer denies the accident occurred at work. Or it could be because the employer denies that the illness or injury is work-related. In the event this happens, you must accrue evidence to bolster the case. This can be achieved by having a witness attest that the accident happened at work or by having your doctor state that your injury or illness happened because of your work. Some employers will try to deny any claim because it will reduce the cost of insurance and employer liability. There might be other reasons why a claim will be denied. In certain states, a workers' compensation claim based on stress-related problems might not be possible. The injuries might not be viewed as serious enough to warrant workers' compensation. The letter informing you that the claim was denied will state the reason why. Some medical illnesses and conditions are not as obvious as others. An example of a cumulative problem is carpal tunnel, while an occupational issue could be an illness related to asbestos exposure.

A Baltimore Workers Comp Lawyer Can Help You Appeal

Along with the reason why your claim was denied, the letter you receive might tell you what you have to do to appeal the case. Make sure to read it in its entirety and keep track of any deadlines. After the denial, you can contact your employer or the insurance company to talk about the denial of the claim. It is possible that it could have been clerical with omitted information. It could be a simple thing to rectify. This might not work unless the claim was denied due to a legitimate mistake by your employer or the workers’ compensation insurance company. If the employer continues to deny the claim, you can file an appeal. There is frequently an administrative hearing as the first part of an appeal. This will be before an administrative law judge. It can also go through a state board for workers’ compensation or a labor department. There are other levels of appeals. When you have your hearing, you must provide medical records and other forms of evidence to prove that your claim is valid. It is imperative to file it in the time period that is required.

Speak to an Experienced Baltimore Workers Comp Lawyer

Legal help can be key when trying to receive workers' compensation benefits. A qualified attorney can help you file the claim and make sure that all the rules are followed properly to avoid any denials based on errors. When there is a denial, it is even more important to have legal help. When appealing, you can provide additional evidence to support your claim. If you have been injured or suffered an illness on the job, but were denied when you filed a workers’ compensation claim, it is important to know how to file an appeal. Call (443) 394-0900 to speak to a Baltimore workers comp lawyer at the Law Offices of James Lee Katz, P.A today. 



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