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June 30, 2020 | Gary Burger

What Should I Do if My Employer Denies My Workers' Compensation Claim?

Many Americans count on being able to go to work every day. We work so we can provide safe and fulfilling lives for our families. You're an honest and hard worker. You show up on time, every time, five days a week. Then, one seemingly average Tuesday, there is an accident, and you get injured on the job. You go to the hospital immediately following the accident and go home for the day. The next morning, you wake up expecting to report to work as usual. However, you notice that you have trouble gripping things and lifting additional weight with your injured arm, making you unable to perform your work duties as usual. The injury has left you unable to work for an extended period and has even affected your personal life.

In this scenario, you would have a potential workers' compensation claim. Workers' compensation is a type of insurance that nearly all employers in Missouri are required to carry. The first step is to file a claim under your employer's workers' compensation plan. However, what do you do if that claim is denied?

What Should I Do If My Employer Denies My Workers' Compensation Claim?

Filing a workers' compensation claim only to find out your employer has denied the claim is frustrating. Remember that if this happens to you, filing is just the first step. You have the right to appeal the denial and potentially receive compensation.

After you receive notification that your claim has been denied, you can take still steps to move your case forward. First, thoroughly examine the denial letter. It should state the exact reason(s) your claim was denied. If it does not provide clarity, you may be able to get this information from your employer or employer's workers' compensation insurance provider.

Some common reasons employers deny workers' compensation claims are:

  • Mistakes in the paperwork
  • Failure to report the injury to the employer or file the claim with the state agency by the given deadline
  • An injury or illness that is not covered
  • Suspicion about the accident (including whether it was intentional, whether it happened at work, whether it actually happened, evidence of drug or alcohol use at the time of the accident, etc.)
  • Dispute regarding the severity of the injury
  • A claim that is filed after the employee leaves the company

The denial of your initial claim does not conclusively mean you cannot receive benefits. Once you determine the reason your employer denied your claim, you can decide how to proceed. If you were denied solely due to a mistake you made in filing the paperwork, you might be able to successfully appeal the claim on your own. However, if you are being denied due to any other reason or you feel you are being denied unfairly, you will need a lawyer's assistance in filing an appeal.

In appealing your workers' compensation case, it is imperative to be diligent about meeting deadlines and correctly filing paperwork. Make sure to keep documentation and records of any medical treatment you receive. A lawyer will make sure your appeal is filed properly and that you have evidence to support your case.

Workers' Compensation Lawyers in St. Louis, MO

Unfortunately, employers and their insurance companies sometimes deny workers' compensation claims unfairly. They attempt to make claimants out to be untrustworthy people who are trying to take advantage of the system. Honest, hardworking individuals who have sustained injuries while doing their job have been wrongly denied workers' compensation benefits and have been left with medical bills, unable to make a living.

Burger Law understands that for these people, time is of the essence and they depend upon receiving workers' compensation benefits to make it through this difficult time. A successful appeal of a denied workers' compensation case is vital to the well-being of the injured worker and their family. That is why is it so important to find an attorney with experience and a proven track record in workers' compensation cases. Contact us or call 314-542-2222 or 618-272-2222 to begin your workers' compensation claim appeal with a complimentary case review.