Have you been injured at work and didn’t know what to do? Or maybe, you got denied your workers’ compensation claim after suffering an injury at work? Worry not! You have various options after a denied workers’ comp claim.
It would be best if you understood what to do first after getting injured at work. According to the U.S. Bureau of Labor Statistics, employers recorded 2.7 million illness and injury cases in America in 2020.
After getting injured at work, you should first report the case to your employer. Afterward, you should seek medical attention and find a workers’ compensation lawyer. If you’ve been injured at work and have questions, we are here to help.
Common Reasons for Denial of Workers’ Comp Claims
Employers and their respective insurance companies often try to find every reason to deny your workers’ compensation claim. Even so, the reason for denying your claim must be valid legally. The various common reasons for denials include:
- Missed deadlines
- Arguments on whether your injury is work-related
- Your injury condition doesn’t satisfy state requirements
- Filing a comp claim after you left the job
Did you wait too long because you thought you needed to prove your employer was negligent? There are many myths revolving around workers’ comp that may have caused you to miss a deadline. You must immediately report the injury or illness to your employer to receive your workers’ comp benefits. After doing so, you can proceed to file your workers’ compensation claim with the state agency. In other cases, the employer or insurer will file the claim after you report your injury.
The time limits for reporting injuries and filing your claims vary from one state to another. Missing the deadlines in your state will risk getting your claim denied. In Minnesota, you have up to 180 days to report a workers’ comp claim.
Still, this can only happen if your employer knew before about your injury incident. Nevertheless, you must file your compensation claim in good time.
Arguments On Whether Your Injury Is Work-Related
In some cases, your boss may claim that you were not working at the time of your injury. Also, the employer may say that you were engaged in some misconduct when your injury occurred.
Another claim would be that your illness or injury wasn’t a result of your workplace accident.
Whatever the reason your employer or their insurance might have, you must provide supporting evidence for your claim. You can find a witness who was present in the event of your accident.
Also, you may seek more evidence from your treating doctor or get another doctor’s medical opinion.
Your Injury Condition Doesn’t Satisfy State Requirements
You can consult with your lawyer about your state’s law about restrictions for compensation claims for trauma and psychological conditions. Some states dismiss compensation benefits for medical conditions resulting from prolonged emotional stress at work.
In other cases, the state might deny your claim if your injury isn’t severe enough to meet the workers’ compensation claim threshold. There are three requirements your case needs to meet in Minnesota:
- You sustained an injury or occupational disease
- The condition was caused by the employment
- It occurred during employment
Filing a Comp Claim After You Left the Job
Most insurance companies will deny your claim if you file after getting fired, laid off, and quitting your job. Even with that being the case, you might have had a good reason for the delay. For instance, you might have reported your injury while still on the job. You might also get fired in retaliation after reporting your injury at work.
Find out the special rules in your state for compensation claims filed if you leave your job. In case you meet one of the exceptions, you can proceed to challenge the denied claim.
What to Do After a Denied Workers’ Compensation Claim
After your workers’ comp claim gets denied, don’t give up. You’ll need to look keenly at the letter of notice letting you know you have a denied claim. You’ll find the outlined reasons why the claim got denied.
You might find it’s a simple issue about mistaken paperwork or a related matter. If that’s the case, consider contacting your claims adjuster to help you settle the issue.
In most cases, unless your boss or their insurer made an error and admitted it, you risk not being successful. So, chances are high that you’ll need to consider appealing your denied claim.
How to Appeal Your Workers’ Comp Claim Denial
Sometimes, the letter you receive may have directions on how to appeal your denied claim. Ensure you read through carefully and, if possible, with your injury lawyer. The process of appealing your claim may vary from one state to another.
Your first appeal stage will mostly happen at a hearing before a judge. You present your medical and other supporting evidence for your claim here. Your claim hearing will either be through a state board of workers’ compensation or a state labor department.
The other stages of your appeal will vary from state to state. So, be sure to seek consultation from your lawyer. Every state will provide the time limits when you can file your denied claim appeal. In Minnesota, that means you have 60 days to file. You can also confirm the same from your denial letter or your state workers’ compensation agency website.
Call Mottaz and Sisk Injury Law About Your Denied Workers’ Comp Claim
It would help if you talked to your workers’ comp attorney as soon as possible after your injury as you may also be entitled to compensation for pain and suffering. Your injury lawyer will help you determine the best legal course of action regarding your denied workers’ comp claim. Also, speak with your attorney before you file your denied claim appeal. Appeals can get complicated with many legal processes that only your legal expert can better understand. Contact Mottaz and Sisk today about your personal injury case.