When you sustain an injury on the job and are denied a claim for workers’ compensation benefits, you may be wondering if you can pursue legal recourse. Even a simple mistake on your paperwork or a misstep from your employer could lead to a flat denial of benefits.
There may be action that you can take. A St. Louis workers’ compensation denial lawyer will evaluate the basis for your denial and help you understand all your available appeal options. There is a multi-tiered appeal system you can pursue after your initial claim is denied. A proactive workers’ comp attorney at OnderLaw can fight for your rights and help you submit a prompt, detailed appeal while representing your interests at any hearings or court appearances.
Workers’ compensation claims are denied far too often in St. Louis, but a trusted attorney can help you protect your legal rights and launch a timely appeal. Depending on the nature of your injury, you may be entitled to temporary or even permanent disability benefits, as well as coverage for the cost of your medical care and treatment. However, the reality is that neither your employer nor your insurance company will typically want to pay out the benefits you are owed and may use all sorts of reasons to devalue or deny claims.
An incomplete application, failure to report the injury by the required deadline (workers need to notify their employer within 30 days of the injury), or failure to receive medical care from an approved provider are all situations that could lead to a denial.
If your employer or the insurance company is saying that the injury was not actually related to your job duties, that your injury is from a pre-existing condition, or that the injury occurred due to some wrongful action on your part, they could use these as grounds to deny your claim.
Alternatively, if you continued to work, never received medical care, or didn’t provide what they deem enough evidence to support your application, your employer or the insurance carrier might reject the claim.
In some situations, a denial could stem from your company being among the few categories of employers not required to carry workers’ compensation insurance. However, most employers with five employees or more must carry coverage, except for construction companies, which must be insured if they have at least one employee. Employees who work for companies that fall outside these parameters may still have legal options to pursue and should speak with an experienced workers’ compensation attorney at OnderLaw after suffering a job-related injury.
One of our diligent St. Louis attorneys can review the denial and guide you through every stage of the appeal process, whether your entire workers’ comp claim was denied, or you received some benefits but are now being told to return to work too soon. If you are notified that your claim was denied, you have 20 days to take legal action. This makes it essential to contact a lawyer without delay. A legal professional can help you submit documentation asking the Missouri Labor and Industrial Relations Commission to take a look at your case and the original denial.
If this commission upholds the initial denial, you have 30 days from receiving their notification to launch a case with the Missouri Court of Appeals. While many cases can be settled through mediation or arbitration, some may continue through the legal system to the highest court in the state. A successful appeal will not only require extensive supporting evidence, but a proactive attorney with a wide-ranging background in these particular cases who can handle all required hearings, court procedures, filings, and other key documentation.
The workers’ compensation appeals process can be overwhelming. Strict time limitations apply to your ability to file an appeal, and the case may need to be reviewed in multiple hearings. In some cases, a workers’ comp appeal could go all the way up to the Missouri Supreme Court.
A St. Louis workers’ compensation denial lawyer at OnderLaw can identify the issues that led to the original rejection of your claim. Whether the difficulty stems from missing information, problems with your employer, stonewalling tactics by the insurance company, or any other challenge, the dedicated attorneys at OnderLaw can give you the best chance of a favorable outcome.
Contact our office today for your free, one-on-one legal consultation and learn more about how to appeal your denied worker’s comp claim.