If the insurance company denies your workers’ comp claim, you have the right to file an appeal through the Minnesota Department of Labor & Industry. You and your Mankato work comp lawyer can review the reasons why the claim was denied. You can do this using the letter that the insurance company sent explaining the factual and legal grounds for the denial. You may find that the reason is small, such as a small detail being omitted, or it could be bigger like the insurance company challenging that the injury is work-related.
Regardless of why the claim was denied, you may be able to appeal the denial and be awarded the benefits that you deserve. You can provide the information that the insurance company needs so that they will approve your claim.
A Powerful Advocate In Your Corner
Your attorney will help you through the appeals process. This starts with completing an Employee’s Claim Petition. This form allows you to explain the how and when of the injury, the medical treatments that have been received, and the benefits that you are seeking. You can provide your physician’s report with the document so that your claim is properly supported. Your attorney will review all of the information and the form with you to make sure all of the needed information is included.
The workers’ comp insurance company and your employer will also receive copies of the petition. You have three years from the time the accident was reported to your employer to file the petition.
With You Every Step Of The Way
If the claim is still denied after the initial appeal, you shouldn’t give up. This is not a sign that the claim is invalid. The case may need to move forward to the Office of Administrative Hearings. This more formal hearing is held by a workers’ comp judge and must be requested within 60 days after denial of the initial claim. This hearing is very similar to a civil trial in which testimony and evidence will be presented. There is not a jury in this case and the rules can be complex. Fortunately, you will have a knowledgeable attorney by your side.
Contact A Mankato Work Comp Lawyer
It is unfortunate that workers’ comp claims are denied. In fact, most of them are denied and it sometimes has to do with minor omissions or small mistakes. No matter the reason for the denial, it is important to rectify the reason for it and resubmit that information to the insurance company. Then again, it isn’t always so simple and that is why you need an attorney by your side. To learn more about your rights and options, call Harvey & Carpenter at 507-779-7529 to request a free consultation.