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What to Do When Your Workers Compensation Claim Is Challenged


Your Claim for Workers Compensation Has Been Challenged – What Now?

worried St. Louis father

While many workers compensation claims go through unchallenged, it’s not unusual for an employer to contest your claim. If this happens, it is important not to panic. Just because your claim is being contested doesn’t mean you won’t get the benefits you deserve.

Why has your claim been challenged?

There are various reasons why your claim may be contested. Perhaps it’s a technicality. Maybe you didn’t file your claim within the specified time frame or perhaps your paperwork wasn’t in order. It could also be that the insurance company or your employer are denying that your illness or injury is work-related. They may state that you were injured outside of work, or that your condition was pre-existing. Additionally, there may be some medical conditions that the particular insurer that your employer is using just doesn’t cover in their policy.

Find out why your claim is being contested

Once you know why your claim is being contested, you can try to do something about it. If it’s simply a case of a lack of paperwork, you can gather your paperwork and have your case reassessed. Perhaps a medical expert witness is needed to write you a testimonial. Having a claim contested is by no means the end of the matter. Many people go on to win their case after a contested claim.

Put in an appeal

You have the right of appeal. Speak to an experienced St Louis workers compensation lawyer right away to get the ball rolling. This is the next step if things can’t be resolved easily and the claim continues to be contested. The appeal process will typically be outlined on the letter you’ve received about the contested claim. However, it’s always wise to speak to your lawyer as they will know the procedure inside out and will ensure that you don’t get anything wrong or do anything that could jeopardize your claim.

Some figures suggest that around 80% of people do not appeal once a claim is contested. Many people feel it is not worth the hassle. However, you still have a decent chance of getting a payout so it’s wise to not give up just yet. An appeal is your right and you should take it if you were injured on the job. See it through to the appeal and you could be rewarded for your perseverance and get the compensation you deserve.

Gather any extra evidence you can

The more evidence you have for your appeal the better. Get expert medical testimonies and any other work-related testimonials from people who understand your line of work and can explain in detail why you are unable to work and how your injury could occur in your line of work and how it has affected your ability to work.

To ensure your legal rights are protected from the start of a work-related injury, get in touch with an experienced workers comp attorney. Call the Law Office of James M. Hoffmann 24/7 at (314) 361-4300.
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