Workmans compensation in the US was designed to ensure that people injured in the course and scope of their job was provided with specific benefits. In the greatest majority of cases the benefits are granted, the injured employee does not have to prove that his or her employer was negligent. There are times however when these benefits are denied, in the event this happens it is in the best interest of the injured employee to engage the professional services of a workmans compensation attorney in Charlotte NC.
Why would a claim be denied?
There are a number of reasons that your employer and the insurance company may deny the claim:
*The reported injury actually happened outside the course of work
*The reported injury was caused by a preexisting condition
*A dispute of when or where the accident causing the injury actually took place
*Your doctor is of the opinion that the injury was not disabling in nature
*A dispute whether you really were injured at all
How to appeal the decision to deny your claim:
There are minor differences from one jurisdiction to another but basically there are a few things that apply to every claimant regardless of where they are:
*Ask the insurance company what the problem was, in many cases it is a simple matter of a missing supporting document
*Ask the insurer to reconsider its original decision
*File an appeal to the appropriate agency well within the time line stated
*Hire a workmans compensation attorney to handle the process on your behalf
What can an attorney do?
In many cases the denial of claim is based on a medical issue, the attorney can engage the services of an independent medical specialist or he or she can review your situation with the present medical provider to see if a more detailed medical report is in order. Your attorney can also ask for a hearing with an administrative law judge where independent witnesses to the accident can be brought in and supporting documents can be turned over for review.