According to the Bureau of Labor Statistics report, there were about 2.8 million nonfatal on-the-job illnesses and injuries reported by private industry employers in 2017. Going by the numbers, these cases are way more prevalent than one would expect.
On-the-job injuries and diseases are generally covered by an employer’s workers’ comp insurance policy. Many states, including Washington, require that all employers are covered according to the average risk level in their particular industry.
If you suffer work-related injuries or illness such as lung disease due to contact or exposure to toxic chemicals or cumulative trauma like carpal tunnel, you could be eligible to workers’ comp compensation. But what happens if your claim is denied?
Your claim can be denied for a range of reasons, including:
- Missed deadlines – like taking too long to report the incident
- The dispute about whether the disease or injury is job-related – like your employer trying to argue that your injuries did not arise from your occupation
- Your condition does not meet state guidelines – Washington has special restrictions on workers’ comp claims for psychological conditions and cumulative trauma.
- You file the claim after leaving your job –insurance companies will deny a request that was submitted after you were laid off, fired or quit – unless you have a good reason for that.
How to go about a denied workers’ comp claim
It can be so stressing to have your workers’ compensation claim denied – in addition to the injury or disease; you also have medical bills to take care of. Sometimes, the condition may result in less life enjoyment, along with other issues. But don’t give up yet. Denial doesn’t mean the end. The good news is that you can still have your claim approved even after it was initially denied.
The best approach to a denied claim is to look for workers’ compensation help in Everett. An experienced workers’ comp lawyer will carefully review the denial letter to find out why your claim was denied in the first place. They will then advise you on the best course of action to take. You could choose to do it alone – like check for mistaken paperwork and stuff like that, or contact the claims adjuster to see if they can clear up the issue, but this will often be less successful. Well, unless the insurance company or your employer made an authentic mistake and admitted it. Often, appealing for the denial is the only best way to fight a denial – and that’s why having a lawyer is critical.
How a lawyer helps
Unless your petition were denied because of some sought of mistake that was cleared up immediately, it would be wise to consult with a workers’ compensation attorney soon. One of the main reasons why many employees lose their appeals is because they choose to go alone. Unfortunately, this is a very complicated legal process involving civil procedures and rules of evidence that are hard for an average person. Again, the workers’ comp appeals have very short timelines; so many employees often miss out because of delays. A lawyer takes care of all these for you. He or she is your best shot at getting your workers’ comp claim approved.