After an individual has been injured on the job, they could be eligible to receive workers’ compensation benefits. Yet, in some cases, a worker’s comp claim may be denied, leaving them to deal with injuries or illnesses without compensation. If you or someone you love has suffered work-related injuries and your claim was wrongly denied, you need the help of a Winston-Salem workers’ compensation attorney.
According to the International Labour Organization, “Every day people die as a result of occupational accidents or work-related diseases more than 2.78 million deaths per year. Additionally, there are some 374 million non-fatal work-related injuries and illnesses a year, many of these resulting in extended absences from work.”
The team at Lewis & Keller has over 150 years of combined legal experience. We fight for injured employees and their legal right to benefits after an accident in the workplace.
We understand how overwhelming it can be when you’re denied compensation. Medical bills, lost wages, and pain and suffering do not disappear after being denied compensation.
Workplace injuries occur more often than most people realize. If you or someone you love has been wrongly denied compensation, our attorneys can evaluate the case and help you receive any benefits you may deserve.
Eligibility Factors
Eligibility is determined by various factors, such as the type of industry you work in, the laws in your state surrounding workers’ comp benefits, and whether or not you are employed by the federal government. While most jobs have some kind of coverage in place for their workers, these factors can all impact your eligibility.
That is why you need a knowledgeable and experienced attorney in Winston-Salem to review your case and determine if you are eligible for compensation. The laws differ across America, but our team knows the specific laws in North Carolina.
Common Reasons Cases Are Denied
A work-related injury claim can sometimes be denied because the injured victim did not file correctly. It’s important to know how much time you have after an accident to report and file work injuries so you have the best chance of receiving benefits. There are multiple reasons a claim can be denied, such as:
Mistakes Made By A Processor
In some cases, it’s feasible that the processor made a mistake that caused your claim to be denied. Processors sometimes file claims quickly, causing them to miss minor details. These types of mistakes are usually easy to find and correct.
Missed Report Deadlines
Some people are unable to file a claim because they waited past the official deadline date to report their injuries to their employers. The law requires you to notify your employer within 30 days of the accident. It’s vital to report any injuries to your superior immediately after the accident occurs. If you wait, it can cause your claim to be denied later on.
Medical Treatment
There are cases where the employer or workers’ comp processor may conclude the injury did not require medical treatment. But if medical treatment was necessary, you should not be denied unfairly.
Missed Filing Deadlines
It’s important to file your claim before the deadline. If you have been injured on the job, you have a certain amount of time to file a claim. If you don’t file within 30 days you may be denied.
If An Employer Discourages You From Filing for Benefits
When you are injured on the job, an employer may potentially try to persuade you not to file a claim or insist that you’re not entitled to workers’ comp so they can avoid taking responsibility.
It can be frustrating when an employer discourages you from seeking medical treatment or workers’ comp benefits. If this occurs, you need assistance from one of our attorneys who can help you pursue the compensation you deserve.
Do not allow your employer to discourage you from receiving benefits. If you wait to file and miss the deadline, you could be denied. Some employers would rather their workers be denied benefits than pay for workers’ comp.
Independent Medical Examination
If you have been injured, you need to seek medical treatment after the accident.
In order for you to receive workers’ comp, you are required to submit an insurance medical exam. Insurance medical exams, or IMEs, give details of your condition and can help determine if the injury you suffered was a direct result of the nature of your work environment.
It is possible for doctors and insurance companies to work together to protect their own interests and avoid paying for a worker’s benefits. For example, an insurance company could claim the injuries weren’t a result of the workplace, while a doctor could clear an individual to return to work even if they are unable to perform their job. These strategies can result in your claim being wrongly denied.
It’s important to be certain you are receiving the right analysis and not one that is judged solely on the bias of one party. One of our attorneys can ensure you are not being treated wrongly.
How to Appeal A Denial
Appealing a denied claim can be challenging to accomplish on your own. A workers’ compensation attorney will know exactly how to handle a case that was wrongfully denied.
If you have been wrongly denied, you have a right to appeal. After you have been notified of the denial, you can decide to petition to the workers’ comp appeals board.
The process to appeal can vary depending on your case, but our Winston-Salem lawyers will know how to guide you through step-by-step.
Some people assume they are unable to appeal after being denied once, but if you have been wrongly denied, our team can assist you in gaining the right compensation for your injuries. Do not allow a denied claim to keep you from potentially receiving what you deserve.
Resources for Greensboro Residents
The North Carolina Industrial Commission offers online claim forms for people who are filing for workers’ comp. Listed below are forms an employee may need to fill out after an accident:
- Form 18 – Start your claim here. This form must be filled out and submitted to the Industrial Commission.
- Form 18B – Employees, representatives, or dependents with lung diseases, such as asbestosis, silicosis, and byssinosis, must fill out this form in order to file for workers’ benefits.
- Form 18M – This form is for any employee that wants to apply for additional medical compensation.
For additional information about workers’ compensation, you can visit the Industrial Commission’s website.
What Makes Lewis & Keller Different?
Our team is known for our caring attitude and commitment to every one of our clients. Being wrongfully denied benefits is stressful, and we understand how unfair it can be when you are left to deal with medical bills and lost wages after an injury at work. Our clients are important to us, and we are ready to help you or a loved one receive the compensation and justice you rightfully deserve.
Representing Workers in Winston-Salem
When you hire a workers’ compensation lawyer at Lewis & Keller, you can expect us to begin evaluating your case immediately. We want every one of our clients to know that they will receive tenacious representation as we evaluate every part of their case.
As little as one detail can help turn around a denied claim and result in compensation.
If you or someone you know has been wrongfully denied benefits or are receiving insufficient benefits, please don’t hesitate to call us today at (336) 851-1000 or fill out our free case evaluation form. Our lawyers can help you receive the amount you deserve for your work-related injury.
