How To Effectively Appeal A Rejected Workers’ Comp Claim
It may be hard to accept that your workers’ compensation claim was denied. Even if you filled out your application correctly and had substantial evidence, getting your claim approved by an insurance company or employer may take some time. If you’re in this situation, remember that you have the right to appeal your claim more than once and receive compensation for any workplace damages.
Why Do Workers’ Compensation Claims Gets Denied?
A workers’ comp claim can be initially rejected for many reasons, including:
- Filing your claim after the deadline
- You have a pre-existing condition
- Failure to provide enough evidence or witnesses that can back up your allegation
- Your recount of the situation doesn’t align with medical records or case evidence
- You didn’t notify your employer
- Errors with your application form
Many insurance companies and employers will look for ways to discredit your claim and avoid paying you for damages. One simple mistake on your part is enough for them to reject it. To win your case, you and your workers’ compensation lawyer need to refute their argument and prove that you’re entitled to benefits.
What To Do After Your Workers’ Comp Claim Was Rejected
When you receive a rejection letter, it will generally contain information about your case and why your claim failed. Here are a few steps you should take to start appealing your claim:
Reach Out To Your Employer’s Insurance Company
Contacting your employer’s insurance company and finding out exactly why your application was rejected should be your first step. If there was an error in your application’s paperwork, you could ask them for permission to fix it and submit your information again. You can also negotiate with the insurance company directly and convince them to reconsider their decision before you take further action.
If direct negotiations fail, you can reach an agreement with your employer by using New York’s conciliation process. An attorney from the Workers’ Compensation Board will review your case and make a final decision to satisfy both sides. If you disagree with the proposed resolution, you can file an objection letter before it becomes finalized.
File An Appeal And Attend An Official Hearing
An official hearing can be used as a last resort for more complicated cases. During the process, a workers’ compensation judge will review the case’s information, evidence, and witness statements to determine the final amount the insurer needs to pay the injured worker. Once you receive the judge’s decision, you have up to 30 days to file a rebuttal and request a full Board review.
Our Experienced Attorneys Will Help You Win Your Claim
It can be frustrating knowing that your claim was rejected, but you should never give up after the first try. New York’s workers’ compensation laws allow you to file an appeal and demonstrate that you’re entitled to benefits due to your work injuries.
Our workers’ compensation attorneys are here to help you appeal your claim and get the compensation you deserve. Please call our office at 855-208-7852 or contact us using our online intake form if you have any questions or want to schedule a free initial consultation today.