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How to avoid a workers’ compensation denial

On Behalf of Fishman & Fishman, LLC | Jan 16, 2020 | Uncategorized |

Any on-the-job accident has the potential to cause an injury that keeps you out of work while you recover. If this happens, you’ll begin to wonder how you can maintain your financial security during such a challenging time.

Thanks to the workers’ compensation system, you may be eligible to receive payments until you can return to work. However, if you don’t know what you are doing, it’s possible you could make a mistake that results in a workers’ compensation denial.

There are many steps you can take to avoid a workers’ compensation denial, including the following:

  • Report the injury right away: Don’t give your employer reason to believe you suffered the injury outside of work. Report the injury as quickly as possible, with the ideal situation being before you leave the scene for treatment. If you’re unable to do so, ask a coworker to contact your supervisor on your behalf. You can then follow up as your health allows.
  • Be quick to file a claim: The longer you wait to file a workers’ compensation claim, the greater chance there is that a deadline will pass that makes you ineligible. Once your doctor tells you to take time away from work, get the wheels in motion.
  • Receive medical treatment: If you don’t receive medical treatment immediately after your accident, it could result in a denial. Even if you think you’re okay to continue working, it’s better to be safe than sorry. Not only does this approach protect your health, but it also allows you to obtain the benefits you deserve.
  • Collect evidence: For example, if you have evidence that shows you were injured on the job, collect it and use it to your advantage when filing a claim (or appeal). This can be as simple as a witness statement, such as from a coworker.

Even if you take these steps to avoid a workers’ compensation denial, you could still find yourself in this position. Should you receive a denial letter by mail, review it thoroughly and implement a plan of action.

By quickly filing an appeal, you position yourself to have the original decision overturned, which can help you receive benefits as quickly as possible.

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