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What to Do if Workers Comp Denied Your Claim

When you’ve suffered an on-the-job injury, you deserve to get the benefits that are owed to you without hassle. Unfortunately, workers comp insurers do sometimes deny claims for various reasons.

If your claim has been denied, you should seek an attorney familiar with appealing work comp denials. Here are some guidelines regarding what to do if workers comp denied your claim.

Why Would They Deny My Claim?

Sometimes, an insurance company might deny your claim because it doesn’t believe you were injured at work; perhaps it doesn’t believe your injuries are as extensive as you say they are; or maybe you didn’t meet the deadlines set by the workers comp claims process.

The following is a list of reasons insurers say they deny work comp claims:

  • You never received medical treatment.
  • The evidence doesn’t prove your injury occurred at work.
  • Your injury does not qualify for compensation.
  • Your employer is disputing your claim.
  • You didn’t report the injury in time.
  • You didn’t file a claim in time.

Guidelines for Appealing a Denied Claim

When an insurer denies your claim, you may think it’s time to give up—it’s not. There are many ways to appeal your denial, mainly by taking your case up the chain. The New York Workers’ Compensation Board can sometimes resolve disputes, as can a judge. Here are a few things to do when your claim is denied:

  • First, speak with the insurer who denied your claim. It may be that a simple paperwork error caused your denial, although that’s somewhat unlikely.  
  • Talk to a workers compensation attorney right away.
  • File an appeal within thirty days of receiving your denial letter.
  • Get your documentation together to bring to the upcoming hearings.
  • Don’t lose heart. With a lawyer’s help, many denials are successfully overturned.

Turn to a Workers Comp Lawyer

Now that you know what to do if workers comp denied your claim, you can rest easier with the knowledge that there is a way to get the situation resolved. Having a workers compensation attorney by your side when filing an appeal will increase your chance of reaching a positive resolution.

Call a workers comp attorney from Finkelstein, Meirowitz & Eidlisz, LLP today at 212-385-9190. You can also complete the contact form below to get in touch.

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