Things You'll Need:
- Denied Work Accident Claim
- Workmans Compensation Lawyers
-
Step 1
Hire a worker's compensation attorney. While it can seem expensive or excessive to immediately go to workmans compensation lawyers, you must remember that your employer and their worker's compensation insurer will be represented by workmans compensation lawyers. You do not want to go up against a worker's compensation attorney without an attorney of your own.
-
Step 2
File your denied work accident claim appeal with the State Appeals board as soon as possible. In the vast majority of states, there is a statute of limitations for appealing the denial of an accident at work claim. If you don't file your appeal within that time period, you may lose the chance to recover on your work accident claim. Workmans compensation lawyers know the statute of limitations rules for their state and can ensure you get your accident at work claim in on time. If you do not have a worker's compensation attorney, you will need to verify the statute of limitations yourself.
-
Step 3
Gather your evidence and data to support your work accident claim. This means you need to get medical records and witness reports. You will want witnesses who saw the accident giving rise to the accident at work claim. You'll also want any other type of expert testimony from medical or industry experts who can testify to the severity of the accident giving rise to the work injury claim, or to the severity of your disability. Workmans compensation lawyers may be able to help you find credible expert witnesses with experience testifying in a work injury claim, but if you do not have a worker's compensation attorney, you will need to do this work yourself.
-
Step 4
Present your work accident claim to the appeals board. Workmans compensation lawyers are a great help at this stage because they know how to best present your work injury claim to the board to maximize your chances of winning the accident at work claim appeal. If your appeal is denied, it may be difficult or impossible to collect on your work accident claim, so the cost and expense of a worker's compensation attorney may be worth it to ensure you recover something. If you are representing yourself, make sure you are prepared before the hearing to state your case before a judge or board and to prove all aspects of your accident at work claim.
