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What to do if your workers’ comp claim was denied

The decision came in. It was not what you had hoped for. After being unable to return to work for quite some time, your company’s insurer decided your injuries were not severe enough to warrant workers’ compensation. You went to see their doctor in good faith, but that doctor has apparently determined that your injuries were not caused by your workplace accident.

You know better, however. If your workers’ compensation claim was denied, here are three things you should do.

Do not give up hope

Having your workers’ comp claim denied is actually fairly common. Insurance companies are in the business of protecting their bottom lines. Paying out claims means fewer profits for them. So, even legitimate claims can be rejected initially in efforts to discourage you from taking further action. You have the right to find out why your claim was denied and to further prove why you deserve these necessary and legally mandated benefits.

Keep all of your records secure

Medical reports, bills, sworn statements of your abilities, and your initial claim documents are all important evidence in your case. Make a habit of keeping anything related to your work injury together, perhaps in a file or folder, and store this information in a secure place. Consider backing up copies of this information "to the cloud" online, just in case. These documents will be necessary in building your case for renegotiation with the insurer or in case the matter proceeds to court.

Lawyer up

If you haven’t already done so, consider hiring an attorney who handles workers’ compensation claims. Insurers pay attention when claimants are backed by sound legal guidance. Your lawyer can examine all aspects of the claim, bolster it where needed with further tests or evidence, and represent your interests in seeking a fair settlement. If the insurer persists in denying the claim, your lawyer can then take the matter before the court.

Remember, workers’ compensation is legally mandated by the state to cover anyone injured on the job or who sustains a serious illness because of workplace conditions. It all becomes a matter of proving that cause, something a good workers’ compensation attorney can help you do. Don’t give up hope. Your case may have hit a roadblock, but it is not the end of the road.

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  • The lawyers and support staff at Atwood Law Firm showed me sincere interest and caring on a very personal level, and I knew at all times my interests were front and center in all aspects of my workers' compensation case. This office is staffed by a great group of people. You can relax and be assured that your welfare comes first and foremost in their decisions and actions with respect to your legal case. You are kept aware of the process and progress in your case at all times, and your input is welcomed. I highly recommend the Atwood Law Firm to anyone needing legal assistance. - WN

  • I cannot thank you enough for the peace of mind you have brought to my family! Both of my parents are extremely grateful for your work. I knew we were in good hands from the first meeting and you have exceeded all my expectations! It may feel straightforward to you, but to us, you have moved mountains. This settlement will allow my parents, particularly my Dad, to enjoy the rest of their lives to the fullest of their abilities. We all agree that we would give every cent back and more for my Dad to walk again, but that is not going to happen... - DW

  • "...He didn't treat me like I was one of 100 clients. He treated me like I was his only client. He acted professionally but with empathy, dignity and friendliness. It didn't matter if it was something small or large, he was always there for me, be it by phone, fax, email, cellphone or meeting me personally at his office or elsewhere. He never rushed me when I didn't understand something, he'd take as much time as needed to explain things to me, especially when it came time for my deposition and in preparation for trial. He was there for me when I truly needed his help..." - CG

  • "...My husband and I felt his kindness immediately and were both very impressed with his knowledge of what to expect in a wrongful death case. He pursued our claim in an aggressive manner while at the same time being very protective of our rights and privacy and sheltered us from any unnecessary contact with insurance agents, or any other adverse parties. My husband and I cannot say enough about the kindness, professionalism and legal ability demonstrated by Atwood, Holsten, Brown, Deaver & Spier Law Firm, P.C., L.L.O." - RD

  • "...If it were not for this law firm all I would have received from this injury would have been a loss of income check and a pat on the back, goodbye. Which only would have been a fraction of what I actually received. He was always professional but more importantly he cared about me and my family as people not just a client. He went beyond his role as my lawyer. He even spoke with my bank and explained why I was behind on my car payment. And this saved me getting my car repossessed..." - HR

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