If your worker’s comp claim has been denied, you’re likely to be shocked and disheartened. Unfortunately, a number of these claims do come back denied. If your case was denied, it could be because of one of these very common reasons.
You Missed the Deadline
Worker’s comp cases must be filed in New York in a very timely manner. You only have two years from the date of the accident to file your claim. You need to inform your employer of the accident as soon as you can and do so in writing if at all possible. This creates a record showing that you informed your employer of the accident. You need to do this within 30 days. If you’ve missed these or any other deadlines involved in filing your worker’s comp claim, it may be denied simply because it was filed late.
Your Injury Doesn’t Fall Under Worker’s Comp Injuries in New York
Each state defines and limits worker’s comp cases in specific ways. It may be possible that New York doesn’t include your specific injury or cause of injury in its worker’s claim laws. If your injury wasn’t severe, for example, you may not qualify for worker’s comp. You will want to work with an expert medical professional to determine the extent of your injuries before you file your case.
Your Employer Disputed the Claim
Your employer may have disputed your claim, stating that you weren’t at work while you were injured or that your injury was due to a condition that occurred before you were hired. It can be difficult to fight this type of claim if you don’t have witnesses, video of the accident, or other proof. If your employer has disputed the claim, you can appeal, but you will certainly need to have as much evidence as you can possibly get. This includes medical reports, witness testimony, and any other proof you can submit that backs up your claim.
Working with the Right People
Your worker’s comp claim has a much higher chance of being approved if you partner with the right people. Maximum Orthopedics is one of New York’s top worker’s compensation professionals, and we’re here to help you file your claim and receive the compensation you deserve. Contact us today to learn more about how we can help you.
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Posted on: Jul 17 2018
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By: admin
Making a mistake in filing your worker’s comp case can result in the entire claim being dismissed. It’s absolutely vital that you avoid as many mistakes as you can and that you have someone experienced with these claims read over your paperwork before you file it. Here are some of the most common mistakes you can make that can lead to your claim being dismissed.
You Miss a Deadline
Whether you didn’t report your injury timely or you filed the paperwork late, any missed deadline can result in a dismissed claim. Don’t wait to file reports or get the ball rolling on your claim. New York only gives you three years from the date of the accident, so don’t assume you have time to handle your injuries, go through physical therapy, rebuild your life, and then file your claim. It takes time to get everything together, so start as soon as you can.
You Don’t File Everything Needed
Another common mistake is leaving out a form, forgetting to file a witness testimony, or missing medical records. Make certain you’re submitting all of the paperwork you need.
You Didn’t Document the Injury
Some worker’s comp injuries occur in full view of a dozen other employees and witnesses. Others may occur when you’re the only person around. If that’s the case, it’s important you document what happened as soon as you can. Write down exactly what occurred and, if possible, take photos or videos when you’re able to. Never put your well being at risk in order to take these photos but do so as soon as you’re capable. You want to be able to show that something did occur. Report it to your supervisors, let other co-workers know what happens (for their safety as much as for your claim), and write down the chain of events that led to the accident. This way, you get down your experiences as soon as you can so you aren’t relying on memory later.
Get Help
Worker’s comp cases can be some of the most complicated legal procedures you’ll ever deal with. That’s why it’s important to work with professionals who understand the process and know what you need. Contact Maximum Orthopedics today for assistance in your worker’s comp case. These experts understand what you need and will help you avoid making mistakes when you file your claim.
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Posted on: Jul 1 2018
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By: admin
