Worker's Compensation

Workers Compensation Lawyers

If you have been injured on the job and had your workers' compensation claim denied, you will want to speak to a workers' compensation attorney. In addition, you should know your rights as an injured employee under the law and take action quickly to ensure you receive the benefits you deserve.

This article will help you understand what to do when your workers' compensation benefits are denied.

Workers' Compensation Basics

In most situations, an employee is entitled to workers' compensation when he suffers a work-related injury while on the job. The financial benefits that make up workers' compensation are paid out by the employer's workers' compensation insurance company. Although laws vary from state to state, most employers across the country must have some form of workers' comp insurance.

Each state also sets its own laws regarding how to file a workers' comp claim. You should consult a knowledgeable workers comp lawyer in your area about how to file a claim. Failure to file a claim properly may result in the denial of your workers' comp benefits.

Tips for Getting Workers' Compensation

There are numerous reasons why your workers' compensation benefits may be denied. You may not have properly filed your claim, or your injury or accident may not be a covered under your employer's workers' compensation insurance policy. Regardless, there are some things you can do to better your chances of receiving workers' comp:

  • Make sure your employer actually filed a workers' comp report and request a copy.
  • If the insurer denies your claim, quickly file an application for an administrative hearing with your state workers' comp board and contact a workers compensation lawyer.
  • Maintain up-to-date and accurate records of everything in your workers' comp file.
  • Make sure all doctors fill out the medical forms accurately and in full.
  • Get the contact information of the claims examiner at your state's workers' compensation board. He may be able to help you.
  • Learn more about workers compensation frequently asked questions.

Alternatives to Workers' Comp

If you have been denied workers' comp and need some form of compensation to help pay for your injuries, consider one of these alternatives:

  • Social Security disability
  • Unemployment compensation
  • Medical insurance
  • Short- or long-term disability insurance
  • ADA accommodations
  • Credit or mortgage insurance
  • Suing third parties

Statute of Limitations

Each state sets its own statute of limitations regarding the filing and appeal of a workers' comp claim. If you do not file your claim or your appeal in this amount of time, it will be denied. You will have no alternative method to pursue your claim.

To learn more about workers' comp statute of limitations, contact a workers comp attorney in your area.

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