Steps to Take When Your Workers Compensation Benefits Have Been Denied

Rispoli & Borneo P.C.

Every year, many Americans suffer a job-related injury that can result in lost employment, medical expenses, and emotional distress. While workers’ compensation is intended to provide the employee with compensation for his or her injuries, you may find that your claim is denied. We understand that this can be a devastating blow for many individuals, but we can help you take the necessary steps to receive worker’s compensation, even if your claim was initially denied.


According to the Bureau of Labor Statistics, in 2015 there were over 2.9 million nonfatal workplace injuries and illnesses in the private sector. They ranged from catastrophic workplace accidents to long-term medical conditions brought on by unhealthy working conditions. All too often, injury claims are unjustly denied in order to maximize the insurance company’s profit margin.


Steps to Take When Your Workers Compensation Benefits Have Been Denied


It is important to understand that you must move quickly once your workers’ compensation claim has been denied. Most states have strict time limits beyond which it may be difficult or impossible to appeal the denial of your claim. For this reason, it may be beneficial to take the following steps:


  • Contact your employer or their workers’ compensation insurance carrier. While uncommon, some denials are the simple result of misplaced paperwork and can be quickly resolved.
  • Obtain information about your state’s deadlines for any appeals. It is extremely important to ensure that you do not miss any of these dates during your appeal.
  • Make certain that you have all relevant paperwork to back up your claim of injury, including your doctor’s findings, documentation of lost wages and medical expenses, and any findings by state or local regulatory agencies about the nature of the accident. You should make multiple copies of this information and keep it in a secure location.


The appeals process for a workers’ compensation claim can be extremely complex. You will be required to provide proof of the nature of your injury, often in the face of your employer’s attempts to deny responsibility for your injury or medical condition. Because of the complexity of these cases, having proper legal representation can dramatically improve the probability that the appeal will be successful.


In most cases, the first appeal will be held at an administrative hearing. We can help ensure that your information is both complete and presented in a way that will maximize its impact. In fact, many individuals fail to prevail at this level simply because they are unable to properly present their case to the judge.


Ensuring That You Obtain Full Compensation for Your Injury


Individual components of your claim may be denied or the insurance carrier may claim that you are ready to go back to work while you are still recovering from your injury. Working with a skilled attorney is a vital part of ensuring that you receive the compensation you deserve for the full treatment duration for your injury or illness.


Ultimately, we understand that being denied compensation for your workplace injury can be a severe economic and emotional blow, especially if you are depending on your workers’ compensation to make up for lost wages and medical costs. However, we can help you take the steps you need in order to reverse an unfair denial of your claim. This can enable you to receive the financial and medical help you need in order to recover from a workplace injury or illness.

If you have been injured at work, consider contacting a workers’ compensation attorney with experience in employment law. At  Law Offices of Franks, Koenig & Neuwelt can help protect your rights and the financial resources you need to move forward in your life.