This is especially important if your injury is serious and disabling, and your doctor believes that you may not be able to return to work for a long time, if ever.
You should file your claim as soon as possible. It will be easier to prove your claim. You will begin to receive benefits sooner, and it will give the insurance company and your employer less time if they want to produce evidence to deny your claim.
Especially if your boss or the insurance company wants to dispute your claim, you may need witnesses and/or physical evidence to prove that your injury occurred while you were on the job. The sooner you seek help from an experienced lawyer, the stronger the case your attorney can build on your behalf.
Workers’ Comp Legislation Is State-Specific
Each state has its own Workers’ Compensation Act, which establishes the laws regarding strict employer liability for on-the-job injuries and job-related illness. The rules vary by each state; sometimes they are vastly different. In addition, they are complex. If you make a mistake, your claim can be denied. Most workers who are injured on the job are not experienced in meeting deadlines, compiling proof, and filling out forms correctly, and if a worker is injured so that they cannot work at their job, they might not be up to the job of filing a claim either.
An experienced attorney who practices workers’ comp law in the state where you must file your claim will be able to help you to file the claim correctly. Your attorney can ensure that your claim is not denied because of a procedural error. Mistakes in filing claims are a big reason why workers’ comp claims are denied.
Review a Denial and File an Appeal
There can be many reasons why a workers’ comp claim is denied. When you receive your denial letter, the first thing you should do is to check and see how long your state gives you to file an appeal. Next, you should read the letter carefully to find out why your claim was denied. Then you should contact a workers’ comp lawyer for a free consultation and case evaluation. If you don’t understand the denial letter, you can ask your attorney to explain it to you.
Your claim may have been denied for many reasons. Some of the most common reasons include:
- Your employer made a mistake in filing paperwork.
- Your employer disputed the facts of your injury or illness.
- The insurance company disputed your claim.
- You did not file your claim correctly.
- You missed the deadline for filing your claim.
Depending on the reason your appeal was denied, you may have to produce additional evidence to prove that your claim was valid. Now would be a very good time to contact an experienced workers’ comp lawyer.
Deadlines for Filing a Claim or Appeal
Your state’s workers’ comp laws set the deadlines for filing and appealing claims. Most states give you from between 30 to 60 days after your injury to file an initial workers’ comp claim. States also have narrowly defined exceptions that provide longer time limits for specific injuries and illnesses, which prevent victims from filing.
If your initial claim is denied, you can file an appeal. You may have to attend a hearing before a workers’ compensation appeals board or an administrative judge, depending on the state rules. Your denial letter will tell you how long you have to file an appeal. Deadlines vary from state to state, but appealing a denial is much more difficult than filing the claim.
Getting Appropriate Benefits
In order to get the benefits [link to the Workers Comp Coverage page] you will need to rebuild your life or just pay your bills and go back to work, you should seek help before filing your claim. The insurance company and your employer are not likely to volunteer information on your behalf to help you to understand all the benefits you may be entitled to.
In order to receive all the benefits you need and are entitled to by law, you should consult an experienced workers’ comp attorney before you proceed with your claim. Your attorney is there to look out for your best interests and is likely the only guide you will have as you navigate the tricky laws and deadlines of a workers comp claim.
An Attorney Knows When You Need to File a Lawsuit
Sometimes a third party is liable for your injuries or illness. When this is the case, workers’ comp laws usually allow you to file a third-party lawsuit and a workers’ comp claim. Workers’ compensation isn’t a lot of money, and it does not compensate you for damages like pain and suffering.
If you file a lawsuit, especially if the tortfeasor is habitually negligent or is endangering others by marketing a defective product such as a tool or machine, you could help keep other workers safe by exposing unlawful conduct and holding the third party accountable through filing a civil lawsuit.
Isaacs & Isaacs Workers’ Comp Lawyers Are Here for You Now
At Isaacs & Isaacs, we have helped many workers in Kentucky, Ohio and Indiana get the compensation they deserve when they’ve been injured on the job, and we have a 99 percent success rate. We understand the strict deadlines and other rules for filing your claim. Don’t delay, call for your free consultation and case evaluation before you miss an important deadline and lose your right to be compensated for your injury. We are here for you around-the-clock at 800-800-888.