Has your workers’ compensation claim been denied? Are you worried about recovering the expenses that went to treating your injuries? Getting injured while in the line of duty is not only a painful experience but also a cause of emotional suffering and anguish. These challenges can be aggravated if the insurance company to your employer denies or rejects your claim for compensation. Thousands of WCB Appeals are denied every year despite the awareness campaigns that have been mounted to educate people about the process of claiming the benefits. Fortunately, you still have a chance to appeal the decision with an aim of having it reversed.
There are various ways you can choose your appeal to be heard. First, you can elect to have your appeal heard before your local Workers’ Compensation Appeals Board judge. During the hearing, which is an equivalent of an informal trial, the WCB judge will listen to the pleadings from both parties before making a determination on whether or not you have sufficient ground to be awarded the compensation. In the event the judge at WCB does not compel the insurance company to listen to your prayers by awarding your claim, you may choose to appeal the decision.
Why Your Workers’ Compensation Claims May be Denied
Your WCB claims may be denied based on numerous reasons. Often, some insurance companies deny claims with the hope that injured employees will feel frustrated and drop the claims. This is because the process is not only costly but also tedious with a possibility of losing on appeal. In some cases, insurance companies will accept certain claims and reject others it doesn’t believe are genuine or legitimate. Below are some legitimate reasons that may lead to the denial of your workers’ comp claim:
• If your injuries are not work-related. This means that you were injured while not on duty
• Injuries were suffered while working for a different person or company
• If your injuries do not require medical treatment to help you recover
• You do not require time off because of the injuries suffered
How to Fight a Denial of Your Workers’ Comp Claim
Workers’ Compensation Claims can be a little tricky, especially for people who do not have hands-on experience in dealing with the matter. Remember the matter under the appeal is one of determination of whether or not you suffered the injury and if the injury is compensable. What this means is that it will be a matter involving the determination of whether your employer’s insurance company has the liability. This will be the major preliminary issue of determination during WCB Appeals stage. Since the whole process of filing relevant documents all the way to the hearing is complex and tedious, you might need the help of a qualified Workers’ compensation lawyer with vast experience in WCB laws in your state.
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