How to Proceed With a Disputed Workers' Compensation Claim

Until the beginning of the 20th century, an employee who suffered an injury on the job or developed an illness associated with his or her occupation might have been faced with an incredibly difficult challenge. Employers were not held by any significant legal force to come to the aid of their workers and the process for pursuing compensation required that an injured employee pursue the matter in civil court. This meant that the injured employee had to demonstrate that his or her employer was somehow at fault, making the issue of blame a hotly contested one. Workers' compensation laws remove the element of culpability from the equation so that employees can gain swift and unfettered access to benefits.

Rarely does the processing of a workers' compensation claim proceed so smoothly, however, despite the clear intent of the law that this should be accomplished. Part of the trouble is that the two parties that are involved in the evaluation and determination of your claim have a vested interest in finding any reason that they can to deny the benefit payments that you are seeking. Your employer might be saddled with higher insurance premiums if there are too many claims filed and the entire business model of the insurance company that issued the workers' compensation policy depends upon them collecting premiums and minimizing the amount of benefits paid out.

What to Do If Your Workers' Compensation Claim Has Been Denied

It is a truly regrettable state of affairs when a perfectly valid workers' compensation claim encounters obstacles that are essentially baseless. But you must be educated about your rights and the recourse that is available to you if your claim is denied or modified in a manner that you believe to be inappropriate. Working closely with a skilled and experienced workers' compensation attorney can help you to avoid making costly procedural errors and can also ensure that you have all the information you need about your rights.

There are several different ways to proceed in the wake of a denial of benefits. In an ideal world, you should be able to expect fairness and transparency, but this is not always to be found. If you have received a notice of denial, consider the following steps:

    * Attempt to speak directly and openly with your employer and the insurance company to determine why your claim was dismissed

    * Consult with the compliance officers in the office of the workers' compensation commissioner

    * File to initiate a contested-case proceeding

    * Pursue litigation with the assistance of an attorney

 

 

The author hopes this post helps you if you choose to consult with an attorney who is committed to helping to protect the rights of injured workers.