Things to Know about Denied Workers Comp Claim

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In Massachusetts, workers who have been injured while on the job can file a worker’s compensation case. It happens every day, especially in high-risk industries. That’s why it is important to be familiar with how to handle these cases.

For instance, not all worker’s compensation claims are granted. Sometimes, what you will receive is a denial. What does a denied workers’ compensation case mean for you? Is there anything you can do about it? Keep on reading to find out.

What Does a Worker’s Compensation Denial Mean?

Employees who have been injured while at work can file a worker’s compensation claim for several reasons. It includes receiving a qualifying injury or illness, being paid by their employer at least weekly, and filing a lawsuit within two years of the injury or health condition. 

These may be enough to get a worker’s compensation claim approved. However, if you have been denied, you do have the right to appeal.

When your claim is denied, you should know a few things. First of all, denial does not mean that you can’t do anything about your situation anymore. In fact, it is not a final decision. However, it does mean that you must file a new claim, which you can do by filing an appeal.

Why Can a Worker’s Compensation Case Be Denied?

A worker’s compensation case can be denied for a number of reasons, including your employer not paying you at least weekly, which can be disputed. To do so, you need to submit proof that your employer did not provide your salary at least weekly. The employer’s payroll records can provide this.

It could also be denied because you did not file your worker’s comp claim within the required timeframe. This can be disputed as well.

You can submit other evidence to prove that you filed your claim within the required period. It can include medical, hospital, and employer records.

In addition, if you have a co-worker who filed a claim, you can provide evidence that you obtained the same injuries.

Can You Appeal a Worker’s Compensation Denial in Massachusetts?

If your worker’s compensation claim was denied, you have the right to appeal it. If you choose to do so, you must file the appeal within thirty days of receiving the denial.

You must have the proper worker’s compensation attorney to help you. Doing so will make the process easier. After all, these are the kind of cases that can be pretty complicated. If you do not have an experienced worker’s compensation appeal attorney on your side, you will have a difficult time proving that you deserve compensation.

How Do You Appeal a Worker’s Compensation Denial?

You need to take a few steps to appeal a worker’s compensation denial. Below is an outline of how you should proceed.

First and foremost, you have to file a new workers’ compensation claim. You must file it within thirty days of receiving the denial from your previous claim.

You will have to show evidence indicating that you qualify for a claim. For instance, you must include the filing date of your previous claim, the date you received the denial, and the reason for the rejection.

You will also need to include your medical records. These should consist of a diagnosis, as well as treatment records.

Final Thoughts

If you have been denied worker’s compensation, you must know your rights. Other than that, you must know what to do next. Make sure you work with expert lawyers to help you make the best decisions, especially when facing unwanted situations in your workplace.

Work with a reliable and experienced comp attorney by booking a consultation with the Markey Law Partners.  Our team of expert lawyers prides itself on achieving high levels of success through a client-centered approach. Call us at 877-488-2667 for a no-obligation consultation.

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