The Klein Law Group P.C. New York Workers' Compensation, Social Security Disability, Personal Injury and Employment Law
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Concerned about a workers' comp denial?

If you suffer an on-the-job injury, you shouldn't hesitate to receive medical attention. At that point, you don't want to worry about anything but getting your health in order.

Once you receive treatment and consult with your doctor on your recovery, you will want to turn your attention to your employment. More specifically, you need to determine if you're able to return to your job.

If your medical team advises you to refrain from working as you recover, you should learn more about the workers' compensation system. The information you collect will give you a clearer idea of the steps you'll need to take to determine whether or not you qualify to receive benefits.

Are claims ever denied?

Just because you file a workers' compensation claim does not mean that you are going to receive benefits. You could receive a denial letter by mail, explaining that you are ineligible for benefits as the result of one or more of the following:

  • You did not file a claim for workers' compensation benefits on time
  • You did not report the injury to your employer on time
  • Your employer disputes your workers' compensation claim, e.g., by arguing that you suffered your injury outside of work
  • You are suffering from a non-compensable injury
  • You did not receive medical treatment in a timely manner

Once you know why your workers' compensation claim was denied, you can decide what to do next.

The denial letter will tell you everything you need to know in regards to your legal rights. For example, it will outline the steps you must take to file your appeal.

While not required, you may want to consult with your employer and/or its insurance company to discuss what went wrong. You may find that a minor mix-up is holding you back from receiving benefits.

You have a lot going on in your life as you attempt to recover from a workplace injury. So, the last thing you want to receive is a workers' compensation denial letter. However, if this happens, don't let your employer and its insurance company off the hook. You should take immediate action to protect your rights.

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