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4 Mistakes A Workers Compensation Lawyer Will Prevent You From Making When Appealing A Denied Claim

4 October 2022

Judy Alexander

If your workers' compensation claim has been denied, you may feel overwhelmed and unsure of what to do next. Some factors that could contribute to a denied claim include not filing within the allotted time frame, not having adequate medical evidence to support your injury, or not completing the necessary paperwork. While it may be tempting to appeal the decision on your own, hiring a workers' compensation lawyer can give you a much better chance of success. Here are four mistakes these lawyers will prevent you from making when appealing a denied claim:

Not Gathering Sufficient Evidence

When appealing a denied claim, gathering enough evidence to support your case is vital. If you do not have adequate proof, it will be difficult to prove that your injury was work-related and that you deserve benefits. A workers' compensation lawyer can help you gather the evidence you need. These include medical records, witness statements, and documentation of lost wages and employment history. Additionally, they can subpoena records from your employer if necessary.

Failing to Meet Deadlines

If you want to appeal a denied workers' compensation claim, you must do so within a specific timeframe. The deadline for filing an appeal varies from state to state. If you miss the deadline, you may lose your right to appeal and may have to start the process over from the beginning. Workers' compensation lawyers know the deadlines in your state and can make sure you file your appeal on time.

Making Inconsistent Statements

When you are appealing a denied claim, it is essential to be consistent in your statements. Giving conflicting reports or information may make it difficult for the appeals board to take your case seriously. They may also question your credibility, which could hurt your chances of winning your appeal. An experienced workers' compensation lawyer will help you stay consistent in your statements and ensure that all the information you provide is accurate. Before you submit your application, they'll ensure that everything lines up and that there are no discrepancies. This will increase your odds of getting your appeal approved.

Not Complying With Your Doctor's Treatment Plan

If you don't follow your doctor's treatment plan, your claim may be denied again. This could be seen as a sign that you are healed or unwilling to do what is necessary to improve. A workers' compensation lawyer will ensure that you receive the correct treatment and comply with your doctor's orders.

If your workers' compensation claim has been denied, do not hesitate to appeal the decision. Hiring a workers' compensation lawyer will help you avoid common mistakes that could jeopardize your case.

For more information about workers' compensation law, contact a professional.

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About Me

When you sell stock photography, there is always a risk that someone may use your image in a way that you didn't permit in the licensing agreement. When that happens, you need to protect your licensing rights. The best way to do that is to work with a copyright and licensing attorney. I've spent a lot of time researching fair use and licensing restrictions. I hope that the information here helps you to not only understand your rights as the creator but also to learn how to document and enforce those rights and seek legal resolutions when they are violated.