Many injured people assume that a denied workers’ compensation claim is the end of the road for them. However, there are a few secrets to challenging a denied claim that can be very successful. Consider the following four strategies.
See a New Doctor
The insurance company often will ask you to see a certain doctor, knowing that this doctor often sides with them. There can be a conflict of interest here that led to your injuries being misrepresented and your claim denied. You are allowed to choose your own doctor after 28 days of treatment. Get a doctor who will be on your side. A workers’ compensation attorney will be able to refer you to the caring and unbiased professional that you need.
Document Chronic Pain and Injuries
All work-related injuries qualify for workers’ compensation. However, many insurance companies routinely deny chronic injuries and repetitive use injuries such as back pain or carpal tunnel syndrome. It can be difficult to document these injuries so you will need to document every time you have pain or cannot perform activities necessary for work or daily living. Share these notes with your doctor or other health professionals every time you see them.
Know That You Are Being Watched
Insurance companies will look for any way to avoid paying you. They will have investigators follow you, interview friends and neighbors, even try to access your social media accounts. You must behave at all times as though you are being watched. Posting photos on your Facebook account, mowing your lawn, or even carrying your own infant might be recorded, taken out of context, and used against you. Never do anything that is beyond your doctor’s recommendations, even if you think no one is watching.
Examine Whether Legal Processes Were Followed
Rosengren Kohlmeyer, Law Offices Chtd. and other specialty firms will be able to look at your case and tell whether your employer and their workers’ compensation insurance company followed the law in your case. In many cases, you can get a judgment simply because they failed to complete a small task. Do not feel petty about looking for loopholes; your insurance company is trying to do the same. You deserve compensation, however you manage to get that.
Challenging a denied workers’ compensation claim is both difficult and stressful, but it can be and often is done successfully. Contact an experienced workers’ comp lawyer if you think you were wrongfully denied benefits.