When a workers' compensation claim is
denied, it can be of great concern to the injured worker, as well as the family
who counts upon the income to survive. There is a possibility of a denial,
particularly if an insurance company disputes the fact that the injury
actually took place at work. When a valid claim has been denied, you have
the right to appeal. A claim that is submitted incorrectly, without adequate
supporting documentation, can result in a denial. It is advised that in
cases of serious injury, you have legal representation to assist you in
filing your claim. This will allow you to ensure that you're the claim
filed includes every possible form of compensation for damages, and decrease
the possibility of a denial and the need to appeal, which can be a lengthy process.
There are various reasons that a claim could be denied. The insurance company
could believe that you had suffered the condition prior to taking on the
duties of your current job. Cases in which an
existing injury or condition is made worse through the duties of a job should be approved,
but may not have been. The insurance company involved could claim that
the reason you were injured is that you failed to do the duties of your
job correctly, and that your own actions caused your injuries. It can
be a problem if a claim is not submitted within the time limits –
you have only 30 days to notify your employer that you have been injured.
There are various other reasons that an insurance company may deny a valid
claim, and it is fairly common. One may assume that a job-related injury
is clear-cut and that the benefits will be forthcoming, only to receive
a letter informing you that your claim has been denied. You have the right
to contest the denial. A benefits claim that has been denied is extremely
worrisome and distressing. Get legal assistance to help you to get the
issue resolved. A
hearing will be called to resolve the matter. You must request this hearing within
30 days. It is advised that you contact a New York workers' comp lawyer
early in the process.
Katz, Leidman, Freund & Herman is recognized for their many achievements
in workers' compensation cases throughout the state.