Delphin Law Offices PLC

Avoiding A Workers’ Compensation Denial

Workers Compensation

When you become injured at work, you may have peace of mind knowing that you will be able to file a workers’ compensation claim so that you can get compensation for your injuries and for the time you need to take away from work. While some workers’ compensation claims may be simple, you want to avoid getting a claim denial as much as possible. Denials can happen for many reasons, some of them legitimate. It is crucial that you follow certain steps after getting injured at work so that you can be successful with your workers’ compensation claim. When you are ready, speak with a lawyer to see how they can help you.

What can you do to avoid your claim getting denied? 

If you are about to file a claim on your own and are concerned that your claim may be denied or that you will have hoops to jump through, it may be time to seek help from a lawyer, according to a NY workers’ compensation lawyer from our friends at Polsky, Shouldice & Rosen, P.C. Your lawyer can help ensure you are filing a claim with all of the necessary information so that your employer can check it off and put it through as quickly as possible. There are certain things that you should do to ensure your claim is in good standing. 

  • Tell your employer. Whether it slips your mind or you don’t think it’s important enough, if you don’t tell your employer you were injured then you can expect this to fast-track your claim to the denial bin. You want to tell your employer exactly what happened, preferably in writing, and give them the date and time the accident occurred.
  • Get medical attention. Second to telling your employer, you want to see a doctor. Your employer is going to want to verify that you did indeed become injured as a result of a workplace accident and the best way to do this is to go to a doctor and have your medical records ready to go. Your doctor will diagnose you, come up with a treatment plan, and let you know when it will be safe for you to return to work.
  • Provide evidence. This doesn’t mean you need to provide evidence in the same way that you would if you were filing a personal injury claim. You’re not setting out to prove that someone else was negligent and caused you to become injured. Instead, you need to provide evidence that you became injured or ill while working. If you were not injured on the job, you do not have the basis for a workers’ compensation claim.

Workers’ compensation claims can become complicated quickly, especially if you have already received a denial letter. When you need help filling out your claim for the first time or would like help with an appeal, it is time to seek legal help. Work with a team you can trust when you are ready to file your workers’ compensation claim.