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Personal Injury Law Is More Complex Than You Think

I always assumed that personal injury cases where pretty straight forward. After being in an accident, any financial losses that you suffered would be reimbursed by the liable party's insurance company. Unfortunately, things only work this way in a perfect world. In the real world, personal injury cases are extremely complex and getting the insurance company to pay a fair settlement requires the expertise of an experienced injury lawyer. Unfortunately, it took me several months to finally seek out the legal assistance I needed. As a result, I waited much longer than necessary to get the compensation I so desperately needed. During this time, I learned more about personal injury law than I ever thought I would. It is my hope that this blog will allow me to share that knowledge with you so that you can avoid making some of the same mistakes that I did.

Personal Injury Law Is More Complex Than You Think

Moves Hurt Workers Need To Make After A Denial

by Christine Wagner

Just because you received a denial letter in the mail from the workers' compensation insurance company is no reason to give up. Hurt workers must know what to do and how to do it after a denial if they are to receive the benefits they deserve.

When Claims Are Denied

Your employer's workers' compensation insurer must provide you with information about your claim once it's submitted. If you are denied benefits, the letter should state why you were denied and your options for appealing the decisions. While some reasons for denying claims are just and legal, others are not. Here are just a few common reasons why claims get denied:

  • Not a covered injury – each state has different workers' comp rules and what counts as a work injury varies. In some states, psychological injuries like stress, anxiety, and post-traumatic stress disorder (PTSD) are not covered. Other states won't cover injuries that resulted from breaking safety rules, from horseplay, while under the influence of substances, and more. Speak to a workers' comp lawyer to find out what is valid in your state.
  • Failure to obtain medical help – In nearly all states, victims of workplace injuries or illnesses must get professional medical help after being hurt and in a timely manner. Otherwise, there is no proof of the injury.
  • The worker waited too long to report the issue and to file a claim – Most states have time limits on how quickly you must take certain steps. Waiting too long could make it appear that your injury is not serious enough.
  • Your employer is uncooperative – The input of your employer is key to a successful claim. They may not agree with your need for workers' comp benefits because it could cause their insurance rates to rise. Also, they may have issues replacing you if you cannot work for some time. To that end, they may claim your injury occurred while not on the job or that you are faking it.

Appeal Your Denial

Denials of workers' comp benefits are made in error all the time. Along with the reason for the denial, instructions and time limits for filing an appeal will be on the letter. The appeals process is a complex process with so much on the line that professional legal help with your claim is in order. Speak to a workers' comp attorney about the denial and find out if you have a good case for the appeals process. If so, the lawyer will take the burden of proving your worker's comp case from you and assist with your case. 

For more information, contact a work-related injury attorney in your area.