Denied Workers’ Compensation Claim?
Long Island Work Injury Attorneys
Getting injured on the job can be a difficult ordeal, particularly if the injury is serious enough to rack up medical bills and lost wages. Workers’ compensation is in place to provide benefits to those who have suffered a work-related injury, and victims often rely on those benefits to cover losses and expenses. However, it’s not uncommon for claims to be denied, so you should first learn why.
First, you must be eligible to receive benefits. Some professions, such as farmhands and real estate agents, are not covered by workers’ comp insurance in some states. Additionally, the injury must be work-related. If you intentionally injured yourself on the job or your injury occurred as a result of you being inebriated, you will not qualify for workers’ comp.
It’s essential that you report the injury as soon as it happens. Otherwise, your employer has reason to suspect that your injury did not occur on the job. Proof of medical attention may also be necessary to back your claim, especially if you are seeking benefits to cover the costs of care. Additionally, you should file a claim within the statutes of limitations. Typically, you have between 30 and 90 days to submit a claim, depending on your state.
It’s quite easy for your employer to dispute your claim if they feel that your injury did not happen at work or that your injury is too difficult to prove. This is common with self-insured employers who are generally large companies that can afford to pay their workers directly rather than through the state or an insurance company. Because of this, these employers generally have sufficient resources to fight your claim, fueled by the financial risk of compensating you fairly.
Seek Legal Counsel
Chances are your denial claim can be easily resolved if you speak with your employer or its insurance company to determine an easy solution. Sometimes, denial is based on misunderstandings or clerical issues. However, if it cannot be resolved with a meeting, you have the right to appeal your denial. You have 30 days of receiving your denial letter to appeal. Since appeals are a court process, you should have a lawyer by your side who knows the state’s law and the complications that come with workers’ comp claims. They’ll assist with compiling all the necessary documentation and going toe-to-toe with opposing attorneys.
When considering legal representation options, it is important to consider your locality. For example, if the work injury occurred in or near Long Island, NY, discuss your claim with Long Island work injury attorneys who are licensed to practice in New York. Ensure they have a record of success representing clients locally. Also, look for an attorney that specializes in work injury law in your state, such as Polsky, Shouldice & Rosen, PC for New York claims.