Denied Workers' Comp Claim? Here Is What You Should Do Next
Being denied a workers' compensation claim can be a frustrating and overwhelming experience. However, it's important to understand that you have options available to you. Here is what you should do next if your workers' comp claim has been denied:
Understand the Reason for the Denial: The first step is to carefully review the Notice of Insurer’s Primary Liability Determination (NOPLD) you received from the workers' compensation insurance company. Common reasons for denial include missing untimely reporting, insufficient medical evidence, or a determination that your injury did not arise out of and in the course and scope of employment.
Consult with an Attorney: Frayne Injury Law strongly recommends consulting with a work comp attorney if your injury has been denied. An attorney can help you understand your rights and options under the law. They can also help you navigate the appeals process and represent you in hearings if necessary.
File a Claim Petition: In Minnesota, you have the right to appeal a denial of your workers' compensation claim. This is done by filing a Claim Petition to initiate your case.
Gather Additional Evidence: If your claim was denied due to lack of medical evidence, you may need to gather additional documentation to support your claim. This could include medical records, doctor's notes, and other relevant evidence of your injury and its impact on your ability to work.
Attend all Medical Appointments: It's important to attend all medical appointments related to your injury. This not only ensures that you receive proper medical care but also helps to document the extent of your injury for your workers' compensation claim. If you have personal health insurance, your health insurance will pay for your medical bills until an final determination is made about whether you work-injury is compensable or not.
Follow Your Doctor's Orders: It's crucial to follow your doctor's orders for treatment and rehabilitation. Failure to do so could be used as evidence against your claim.
Consider Other Options: If your workers' compensation claim is denied, you may have other options for seeking compensation. For example, you may be eligible for disability benefits through Social Security or a private disability insurance policy.
Stay Informed: Keep yourself informed about your rights and the workers' compensation process in your state. This can help you make informed decisions about your claim and ensure that you are treated fairly under the law.
Seek Support: Dealing with a denied workers' compensation claim can be stressful. Don't hesitate to seek support from friends, family, or a mental health professional if you need it.
Stay Persistent: Finally, don't give up. The workers' compensation appeals process can be lengthy and challenging, but with persistence, you may be able to overturn the denial and receive the benefits you deserve.
If your workers' compensation claim has been denied, it's important to take action. Consult with an attorney, file an appeal, gather additional evidence, and stay informed about your rights. With perseverance and the right support, you may be able to successfully overturn the denial and receive the compensation you need to recover from your injury.
Frayne Injury Law is a law firm that represents injured employees in work comp cases. A free, no obligation, consultation is available to anyone looking for legal advice.
