It can feel like your feet have been swept out from under you when your workers’ compensation claim is denied. But while you might be wracked with feelings of hopelessness and despair after receiving your denial notification, you should breathe easy once you realize that you can appeal your claim denial. While this gives you another shot to recover the benefits that you need to advance your recovery, you can’t take the process for granted. Those who do often see their appeals denied, too, thus leaving them in a difficult financial position. Don’t let that happen to you.
So, as you consider your next steps after a workers’ compensation claim denial, you should be sure to recognize the many errors that can be made along the way. There are many pitfalls, and if you step into one of them you could end up with a bad outcome that’s prohibitive to your recovery and your ability to get back to work in a timely fashion. So, let’s look at some of the most common errors made in these cases so that you know what you need to watch out for as you navigate your workers’ compensation appeal.
Don’t make these missteps when pursuing a workers’ compensation appeal
The appellate process might seem pretty straightforward, but just like with an initial claim, there are several mistakes that can be made and that can prove costly to your case. Here are some that you’ll want to be aware of moving forward:
- Failing to closely read your denial letter: The letter that denies your initial workers’ compensation claim should specify the insurance company’s reasoning. This will give you insight into their thought process and guide you as far as what you’ll need to argue on appeal.
- Misunderstanding the process: The worker’s compensation appeal process has to play out in a specific way. If you miss deadlines or otherwise misunderstand how to navigate the road ahead, then you’ll make costly errors that’ll prove fatal to your appeal. So, once you receive your initial claim denial, make sure you read up on the appellate process so that you know exactly what you have to do.
- Failing to gather additional evidence: At certain steps of the appellate process, you might be able to submit additional evidence. This is a great way to address the shortcomings of your claim that were identified in your denial letter. So, make sure your evidence is targeted to the key issues in play in your case.
- Not knowing the law: When you get to the later stages of the appellate process, you’ll be denied the ability to submit additional evidence and will instead be forced to levy legal arguments as to why your denial was wrong. To make compelling and persuasive arguments here, you need to know the law and how it applies to your unique set of circumstances. If you misunderstand the law, then your arguments may be misplaced, leading to affirmation of your claim denial.
Are you ready to fight to recover the workers’ compensation benefits you deserve?
If you’re ready to advocate for the workers’ compensation benefits that you need and deserve, then now is the time to formulate an effective legal strategy that maximizes your chances of winning. Figuring out the best way to approach your case can be tough, though, especially when you’re just trying to figure out the best way to recovery your health and get back to your normal life. Fortunately, an experienced workers’ compensation attorney may be able to assist you, thereby taking a load off your shoulders and giving you the ally you need in your corner as you navigate the process.