Appeals Can Recover Denied Compensation
In the midst of recovering from a workplace accident, while dealing with mounting medical payments and loss of wages from missed work, a denial of a workplace injury claim is incredibly disappointing news. Hiring a workers’ comp attorney helps prevent a claim denial in the first place or provides assistance during the appeals’ process.
Workers' Compensation Claim Was Denied
There are a variety of reasons that an Indiana employer or insurance company may try to deny a claim. Many of these “reasons” are inappropriate or inaccurate and they oftentimes can be successfully challenged.
Common Workers' Comp Claim Denial Reasons
- Injury report: The employee did not report the injury in a certain manner, or did not report it within a specified period of time.
- Filing a claim: The employee did not file the claim with the required forms or by the due date.
- Non-compensable injury: The employee did not provide sufficient evidence that the injury was work related or the employee was under the influence of alcohol or illegal drugs.
- Employer dispute: The employee did not provide proof of injury or witnesses to support the injury claim.
- No supporting medical documentation: The employee did not obtain the necessary medical documenation confirming the cause of the injury.
- Medical provider: The employee failed to see an approved medical provider or failed to follow the directives of the medical professional.
Appealing A Claim
Regardless of why an employer or insurance company denies a workplace injury claim, employees have the legal right to appeal that decision. When pursuing an appeal, it is advisable for workers to retain an attorney who concentrates on workers’ compensation law. The process of appealing a benefit claim can be difficult. A workman’s comp lawyer, like Charlie Carlock, understands procedures, deadlines, and how to demonstrate why a denied claim should be reversed.
Disputed Claims Process
- Application for Adjustment of Claim
- Informal Dispute Resolution
- Single Member Formal Hearing
- Full Board Hearing
- Indiana Court of Appeals and Indiana Supreme Court
Workers' Comp Case Denied? Carlock Law Can Help
Attorney Charles A. Carlock has been representing injured workers since 1996. He fights to protect your rights and helps to overturn denied claims. Don’t go through the appeal process on your own. Your employer will have an attorney – and so should you. Email or call Carlock Legal now.