Harrisburg Workers Comp Denial Lawyer
You have worked hard for your employer, maybe for a number of years. You thought that if you were hurt in a workplace accident, you would receive workers’ compensation benefits. After all, you do have a legal right to those benefits. Now, an accident has occurred but your workers’ compensation claim has been denied. What do you do now? Below, our Harrisburg workers comp denial lawyer explains the steps to take.
Common Reasons for Workers Comp Denials
Employers, and the insurance companies that represent them, deny workers’ comp claims for a number of reasons. The most common of these are as follows:
- You did not report the injury in a timely manner: State law requires injured employees to report the injury to their employer within 21 days. If you do not report it within this time, the insurer will likely argue that you were not hurt, or that your injury was not sustained at work.
- Your injury is not serious: The insurer or your employer may agree that you have been hurt, but state that your injuries are not as bad as you claim. They may argue that there was no reason for missing work or seeing a doctor.
- You were under the influence of alcohol or drugs: Even if you just had a drink with lunch and became hurt later that day, the insurer will use this fact to deny your claim based on the fact that you were intoxicated, even if you were not.
- You did not seek medical treatment: It is critical to see a doctor after a workplace injury, or the insurer will argue that you were not hurt because you did not obtain medical treatment.
Appealing a Workers Comp Denial
You have the right to appeal a workers’ comp denial. The steps involved include:
- Contact a lawyer: A workers’ comp denials lawyer will review your initial claim and denial letter and help you through the next steps.
- File the appeal: A lawyer will know the steps to take to file an appeal to a denied workers’ comp claim. The rate of success is also much greater for those who use an attorney.
- Request a hearing: After your appeal is filed, your case is assigned to a workers’ compensation judge. The court will notify you of the date of your hearing.
- Prepare for the hearing: Your lawyer will gather all of the important information related to your accident to help you prepare for the hearing. Your lawyer will also interview witnesses, including coworkers who saw the accident. Keeping an injury journal can also help you prepare for the hearing.
Call Our Workers Comp Denials Lawyer in Harrisburg for a Free Case Review
Being denied workers compensation is very stressful. At Ira H. Weinstock, P.C., our Harrisburg workers comp denial lawyer can help you through the appeal process to ensure you receive the benefits you are rightfully entitled to. Call us now at 717-238-1657 or fill out our online form to schedule a free case evaluation and to get more information.
