Denied Workers’ Comp Claims
Experienced Workers’ Compensation Attorney in Council Bluffs
Injured employees count on workers’ compensation for their livelihood, so to have your claim denied can be a very stressful experience. Thankfully, a denial does not necessarily mean that you will be unable to obtain your benefits. Denials can be appealed, and if, after reviewing the reasons your claim was denied, you feel like the insurance company made a mistake or is acting unjustly, then you should pursue every available avenue to rectify the situation.
The workers’ compensation lawyers at Law Offices of Gallner & Pattermann, P.C. in Council Bluff has extensive experience with these types of claims. We have helped countless clients through the appeals process and pursued litigation when the insurance companies refuse to treat the beneficiaries fairly.
Call 712-323-0999 today to schedule your free initial consultation at our firm.
We Will Make Sure You Are Treated Fairly
How to Appeal a Denied Claim
The insurance company cannot just deny your claim without an explanation. Their notification of denial must include a reason for the rejection. This is crucial information, as challenging the reason for their denial will be critical to your appeal.
Insurance companies may deny a workers’ compensation claim for the following reasons:
In Iowa and Nebraska, a workers’ comp claim must be filed within 2 years from the date that the injury occurred or was discovered.
You must inform your employer that you were injured within 90 days from when the injury occurred or when it was discovered. If you were involved in an accident but did not realize you were injured right away, you should report the accident itself and keep a record of the exchange with your employer.
Employers have the power to interfere with the workers’ comp process by claiming that your accident was your own fault or that the company is not responsible. You will likely have to engage in litigation to deal with this issue.
Every state has different rules regarding what kinds of injuries are eligible for workers’ compensation. The insurance company may try to deny your claim by claiming that the injury does not qualify under state law.
It is important that you receive medical treatment for your work-related injury. If there are no medical records, the insurance company can claim that there is no official evidence that your injury rendered you unable to work.
You can still file for workers’ comp after you leave your job (whether you quit, laid off, or were fired), but it can be more difficult to claim your benefits. You will need a skilled lawyer to help you in these complex situations that vary from state to state.
Keep in mind that any of these reasons for denial can be challenged, even the ones claiming you missed deadlines. There are countless situations that can lead to a workplace injury; there are no laws that can comprehensively cover every circumstance. Our workers’ compensation attorney in Council Bluffs can help people in Iowa and Nebraska appeal denied claims.