Workers Compensation Claim

Having your workers’ compensation claim denied can lead to a great deal of stress. It might seem like once your claim has been denied there is no hope of getting any type of compensation for your workplace injury or illness. Medical bills after a workplace injury can quickly become overwhelming which is one of the reasons you applied for workers’ compensation in the first place. However, a denied claim is not the final decision. Having an attorney on your side can help when you choose to fight against this denied claim.

Why Was My Claim Denied?

There are many reasons an insurance company might choose to deny your workers’ compensation claim. Below are a few common reasons the insurance company might have denied your claim.

• You did not report your injury in the appropriate time to your employer.
• Your injury was the result of your own misconduct or roughhousing.
• Your injury happened during your commute to or from work.
• Your injury happened outside of normal working hours but at an employer-sponsored event.
• You lied in some way about the injury or illness.
• Your injury happened because of an aggravated previous injury (like arthritis).

How Our Firm Can Help You With Your Denied Claim

Remember, a denied claim does not have to be the end of the line. We can help you appeal this claim through several steps.

1. Contact the Insurance Company. This can be incredibly useful because the insurance company for your employer is the one who typically makes the “approved” or “denied” decision. Upon speaking with the insurance company, we can find out why they denied your claim in the first place.
2. File For an Appeal. If nothing can be done through speaking with a representative at the insurance company, the next step is to file for an appeal. Your insurance notice should lay out the steps to properly file for an appeal, and it is imperative that we follow the deadlines they set. You must file your appeal according to the insurance company’s rules as well as state law.
3. Get Mediation. Many states grant you the option (or even require you) to go through mediation before a hearing. This allows your case and the insurance company’s case to be heard by a neutral third party. This is informal and allows a third-party to hear both arguments in a way that allows for discussion and possible resolution.
4. Attend a Formal Hearing. If mediation did not work, we can go to our formal hearing to convince a judge that the insurance company should not have denied your claim.

Getting In Touch With an Attorney

When dealing with denied workers’ compensation claims and going to court to appeal your denial, having a trustworthy, hardworking work injury lawyer Milwaukee, WI trusts on your side can help make your appeal successful.

Thank you to our friends and contributors at Hickey & Turim, SC for their insight into workers compensation and denied claims.