How to Handle a Denied Workers Compensation Claim

No one wants to file a claim through worker's compensation. If you are injured at work and require medical care or time away from work, filing a claim is impossible to avoid. Getting your medical treatment approved may go smoothly, but in the event that your workers compensation claim is denied, here is how to handle it.

Difficulty: Moderate

Instructions

1. First and foremost, seek the services of an attorney. You cannot handle navigating the workers compensation system alone. Lawyers know the process, and the motions that you need to file in order to get your claim approved.

2. Keep a journal. Document every detail. Documentation is the key to winning approval of a workers compensation claim. List all facts and details of every situation. Write down the dates of all doctors visits and what happened at each one. Make sure to keep track of every day that you missed at your job due to your injury as well. List any dates that you attended physical therapy.

3. Ask you physician to document everything in detail. Some doctors offices use generic notes. These will not help you. You need to list on every report your pain on a scale or 1 to 10, any and all symptoms that you are having, and the Doctor's diagnosis and prognosis opinion. Make sure that you get test reports for any test that you have done. For instance, if you have an MRI, request a copy of the report to keep in your own records. Keep a file and all correspondence from the workers compensation department, your attorney, your employer, and the doctor.

4. Communicate with your attorney during the process. Call him or her frequently to discuss any questions you have, what is going to happen next, and to find out what, if anything, you should be doing to help.

5. See if your state has an online workers compensation website. Some states will allow the injured worker to register and view all the documents online that pertain to their claim. This makes life easy, you can usually print out any documents you feel are important to have. You will also be able to stay informed much faster than waiting on the documents to arrive in the mail.

6. Be sure to attend EVERY hearing that is held with your attorney. Even if your presence is not required, attend anyway. Your attendance will prove that you are concerned with the status of your claim, and the hearing officer will look favorably at this.

7. Continue to get medical treatment if possible. Sometimes your doctor will continue to treat you even if your claim is denied. If this is possible continue your treatments. This will help you get better faster.

Resources

• Workers Comp Law Resource
• Workers Compensation Book

[klnygaard]

on 5/14/2009 5 stars- great info