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Fighting a Workers’ Comp Denial

If a workplace incident resulted in a serious injury – or if persistent strain caused one over time – you could very well be eligible for Workers’ Compensation benefits. Unfortunately, many people who file for these injured worker benefits are initially denied. There are several reasons that a denial may take place, but the important thing is to not give up. A denial doesn’t mean you aren’t eligible, and with the help of a Workers’ Comp attorney, you may be able to receive the benefits you deserve.

AFTER A WORKERS’ COMP DENIAL

If you filed for hurt-on-the-job benefits and were denied, it’s important to find out what caused this denial. Any number of reasons could’ve caused your denial. Fortunately, you won’t have to figure this out on your own since the reason should be described in your denial letter. At this point, the process for filing an appeal can vary by state, but you always have the right to do so.

In Michigan, for instance, you will have to file an application with the Michigan Workers’ Compensation Agency. If you have nothing new to add to the case, though, it’s likely that you’ll simply receive another denial. In fact, if you don’t have a Workers’ Compensation attorney on your side, the state may just send you to mediation with the insurance company.

Unfortunately, insurance companies don’t have your best interest in mind. If you end up in a mediation, they’ll try their best to prevent you from getting the benefits you deserve. In some of the following cases, they may even be successful.

REASONS FOR WORKER’S COMPENSATION DENIALS

If your application for Workers’ Comp is denied, do not feel alone. Many people face the same issue for some of the following reasons.

Claim Not Filed in Time: Each state has its own timeline for filing for benefits. Difficulties can also arise if you don’t report the injury immediately.

Lack of Evidence: Your claim may be denied if it’s stated there’s not enough evidence that the injury was work-related. If so, your Workers’ Comp lawyer may be able to find additional evidence.

Employer Fights Claim: Your employer may simply choose to fight the claim. This happens all too often, but it doesn’t mean you don’t qualify.

These are only some of the reasons you may be denied, but regardless of the stated reason, you might have a legitimate reason to appeal. At Levine Benjamin, our Workers’ Comp attorneys are experienced with these cases, and we may even be able to assist with Social Security Disability benefits if your Workers’ Comp case is denied.

HELP FROM WORKERS’ COMP LAWYER

At Levine Benjamin, we can help you fight a Workers’ Comp denial in many ways. You’ll want to contact an attorney as quickly as possible to ensure you don’t miss any deadlines, and regardless of which stage of appeal you’re in, a legal professional can help. In fact, we could appeal the decision all the way to the state supreme court.

In many cases, it won’t come to this. The Workers’ Compensation attorneys at Levine Benjamin can help you receive compensation for medical care, prescriptions, time lost at work and a variety of other losses. It’s important to start this process quickly, though. The quicker you find legal help, the quicker you may receive the benefits you deserve.

Sources:

Most Frequently Asked Questions by Workers

An Overview Of Workers’ Compensation in Michigan

Category: Workers' Comp