My Worker’s Comp Claim Was Denied. Now What?
Understand the Denial of Your Workers' Compensation Claim
When you receive a denial letter, read it carefully to understand the specific reasons for the denial of your claim. The letter typically outlines the insurer's rationale, such as insufficient medical evidence, inconsistencies in your account, or procedural errors. Pay close attention to missing documents, discrepancies, or other factors.
By thoroughly reviewing your denial letter, you can identify issues that need to be addressed, such as obtaining additional medical records, clarifying inconsistencies, or providing further evidence. Understanding the insurer's perspective helps you anticipate their arguments during the appeals process, allowing you to gather the necessary evidence and documentation needed to support your case for appeal effectively.
Steps to Take Immediately After Denial
Gather Additional Evidence
Once you understand the reasons for your claim denial, gather additional evidence to support your case. Obtain more comprehensive medical records detailing your injury and its impact on your ability to work. Collect witness statements from coworkers or supervisors, photographs of the accident scene, safety reports, and other relevant documentation.
Consider seeking a second opinion from another healthcare provider. A different medical professional might identify overlooked aspects of your injury, especially if the denial was based on the insurer's assessment. Presenting a comprehensive and well-documented case increases your chances of a successful appeal.
Consult with a Workers' Compensation Attorney from Wyskiel, Boc, Tillinghast & Bolduc, P.A.
Navigating a workers' compensation appeal can be challenging, so consulting a qualified attorney is highly recommended. An experienced New Hampshire workers' compensation attorney has the expertise to guide you through the appeals process, ensuring all deadlines are met and necessary documentation is submitted. They help you understand your legal rights and options, providing advice on strengthening your case.
At Wyskiel, Boc, Tillinghast & Bolduc, P.A. our worker’s comp lawyers have a proven track record in workers' compensation cases. We can help with legal intricacies and provide emotional support, significantly improving your chances of a successful outcome.
For counsel backed by years of experience, call (603) 742-5222 or submit an online contact form.
Navigating the Appeals Process
Preparing for the Hearing
A workers' compensation attorney is highly beneficial throughout the claim hearing process. They provide expert legal counsel, ensuring you comply with all requirements and submit the required paperwork promptly. To construct a strong case, your lawyer will assist in collecting and organizing evidence, such as medical records and witness statements. They'll also help you prepare for the hearing by offering tips on effectively presenting your case and highlighting critical points.
During the hearing, your attorney will represent you, responding to any questions or objections from the opposing side and succinctly stating your position. They can refute the insurer's representatives' arguments and cross-examine witnesses. In summary, an adept attorney improves your chances of a positive outcome by managing legal intricacies and delivering a persuasive argument.
Mediation and Settlement Options
Mediation is an alternative to a formal hearing that can help resolve your workers' compensation dispute. During mediation, a neutral third party facilitates a discussion between you and the insurance company to reach a mutually agreeable settlement. It is less formal and adversarial than a hearing, potentially making it less stressful and quicker.
If considering mediation, your attorney can help prepare you by outlining key points of your case and advising on negotiation strategies. While mediation doesn't guarantee a settlement, it can effectively resolve disputes without a lengthy and costly appeals process. Being open to mediation may lead to a quicker, more amicable resolution to your claim.
Impact on Employment Status
A denied workers' compensation claim and subsequent appeal can have implications for your employment status. It is important to understand your rights and protections under New Hampshire law. Employers are generally prohibited from retaliating against employees for filing a workers' compensation claim. This means that you cannot be fired, demoted, or otherwise penalized for pursuing your legal rights. If you believe you have been retaliated against, you may have grounds for a separate legal claim.
While your appeal is pending, you may be concerned about your job security and income. Communicate with your employer about your situation and explore options for modified duties or temporary leave if necessary. Understanding your rights and maintaining open communication with your employer can help you navigate this challenging period and protect your employment status.
Call Wyskiel, Boc, Tillinghast & Bolduc, P.A. Today
If your workers' compensation claim has been denied, don't navigate the appeals process alone. At Wyskiel, Boc, Tillinghast & Bolduc, P.A. in Dover, NH, our experienced attorneys specialize in personal injury and workers' compensation cases. We're committed to fighting for your rights. Contact us as soon as you can to schedule a consultation and learn how we can assist you in securing the compensation you deserve. Reach out now to take the first step towards a successful appeal.
Request a consultation with a skilled New Hampshire workers’ comp attorney from . Contact us online or call (603) 742-5222.