Appealing a Durham Workers’ Compensation Claim
If you were injured on the job, you might be seeking compensation under workers’ compensation. Unfortunately, however, many first-time claims are denied. When this happens, some people simply try to re-submit the same claim, which often results in the same outcome.
Instead, consider reaching out to a skilled lawyer to discuss the steps to appealing a Durham workers’ compensation claim. With an attorney on your side, you could rest assured that a valuable legal ally is working to secure the benefits you need.
The Circumstances for a Denial
While there are numerous circumstances that might cause a workers’ compensation claim to be denied, there are some common reasons in Durham. One of the most common reasons is when a worker fails to report their injury in a timely manner to their employer. In other circumstances, an employee might be at work but while not acting under the scope of their employment.
For example, if a worker is engaging in horseplay and is injured or is hurt while on their lunch break, they might be denied benefits under workers’ compensation. Because of these distinctions, it is important for a person to understand when benefits are available.
What to Do After a Denial
The only reason a should not attempt to appeal a claim is if they feel they have no valid argument as to why the decision should be reversed. Even then, however, working with a well-versed attorney might help to clarify their circumstances after facing a denial to discuss their options and chances for a successful appeal.
In some cases, an insurance adjuster will make the wrong judgment about a claim and deny it. As a result, a person should consider appealing a claim if there is any indication that it was wrongfully denied. After a denial, the first thing a person should do is get in touch with a workers’ compensation attorney that is Board certified. Then, they must file a request for a hearing at the North Carolina Industrial Commission, at which point a hearing date would be established.
Furthermore, if a person’s workers’ comp benefits are approved, it is important to avoid being dishonest in order to ensure that future medical treatment is not denied. This means being honest with their doctor about every component of their injury, without exaggerating the extent of its impact.
Avoiding a Denial of Benefits
While there are numerous steps that must be taken to file a thorough and persuasive claim, one of the most essential components to try to ensure workers’ compensation benefits is the cooperation of medical professionals. In many cases, doctors have to give an opinion on causation or an opinon or whether or not the claimant’s injuries were related to their work. Because of this, the cooperation by the treating physician is very important.
How an Attorney Might With Appealing a Durham Workers’ Compensation Claim
In the event a federal workers’ compensation claim is denied, an experienced Durham lawyer might be able to help. For example, a proactive attorney could start by investigating a claim and getting all the facts as they relate to it. By assessing these circumstances, a legal professional might be able to establish what went wrong and, therefore, possibly change the outcome.
Furthermore, a lawyer could help to pursue the claim in the Industrial Commission, go through discovery on the other side, find out any additional avenues of recovery, and work tirelessly to get the injured worker the benefits they need and are entitled to. To discuss your circumstances after a workplace injury, call a compassionate legal professional today.