What to do about a workers’ compensation denial

| Oct 6, 2020 | Workers' Compensation |

It’s your hope that you never suffer a workplace injury. It’s also your hope that your employer would be sympathetic should this happen. Unfortunately, things don’t always work out this way.

A workers’ compensation denial can turn an already bad situation into one that’s even more frustrating.

Should you receive a denial letter, you have two options:

  • Assume that there’s nothing left for you to do
  • File an appeal with hopes of having it overturned

The second option is best, as you don’t want to give in and miss out on compensation that’s owed to you.

Here are some steps to take if you receive a workers’ compensation denial letter:

  • Review it: Review every last word to ensure that you understand the reason for the denial and the next steps in the process. You may need to read the letter several times to understand what you’re up against.
  • Focus on the reason for the denial: This is where most your attention should go. Once you know why your claim was denied, you can then turn your attention to formulating a strategy for overcoming it. Common reasons for a denial include administrative mistakes, neglecting to receive medical treatment, failure to file a claim on time and claims from your employer that you were not injured on the job.
  • Follow the appeals process: The letter will provide more information on how to file an appeal. When doing so, the reason for the denial should fuel your approach. This is your time to prove that you should receive workers’ compensation benefits. Back up your appeal with as much evidence as you have. Anything that can tilt the scales in your favor is something to share.

When you take these steps, you’ll feel better about your situation. There’s no way of knowing what will happen next, but at least you’re moving in the right direction.

Don’t let anyone tell you a workers’ compensation denial is the end of the road. You have legal rights as an injured employee, and with the right strategy you can position yourself to receive the benefits that are due to you.

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