Velilla Law Firm

Providing Strong Help When You Need It Most

Brindamos ayuda sólida cuando más lo necesita

Can I appeal a refusal to pay workers’ comp benefits? 

by | Jun 29, 2023 | Workers' Compensation

Theoretically, getting workers’ comp benefits after an accident on the job should be straightforward, but that is not always the case. Many injured workers are denied benefits for one reason or another.

Fortunately, it is possible to appeal a negative decision and, if you win, receive any benefits you may be entitled to.

How to deal with a denied workers’ comp claim

There are many reasons why insurance companies choose to deny workers’ comp claims. These might include suspicion of fraud, preexisting medical conditions, failure to file paperwork on time, and more. However, insurers often make poor decisions and some go out of their way to avoid paying benefits to save money, denying workers of a rightful claim.

You need to reassess

Don’t just file an appeal saying you don’t like the result. The more information you can give as to why you think it is wrong, the better. For instance:

  • You believe the judge misinterpreted a certain piece of information
  • You have a new medical report that clarifies how severe the injury is
  • You have proof to counter the judge’s assessment that you were not on work duty at the time the accident occurred

You need to work fast

You do not have unlimited time to file an appeal. Check the denial letter to see the deadline for doing so, but it is typically 20 days.

Preparing a solid appeal takes time and legal knowledge, both of which you may lack. It’s therefore in your interest to consider outside help to increase the chance that your appeal fares better than your initial application.