Hurt At Work & Live in Elmhurst, NY? Call Now:
Gold & Fox Workers Compensation Firm has been serving the diverse Elmhurst community for years. We treat every one of our clients like family and work with them hand in hand until they receive the proper amount of money from their employer. we specialize in assisting residents living in the 11373 area of Elmhurst who were injured on the job.
We are very familiar with the nuances involved in dealing with your employers insurance company. We have proven techniques designed to get you the maximum compensation for your injury claim.
Gold & Fox Workers Compensation Firm
90-15 Queens Blvd
Elmhurst, NY 11373
Denied workers compensation claims and appeals:
Every work environment comes with certain risks and hazards. Avoiding these is ideal, however sometimes this is not possible and an injury happens. Workers compensation is an insurance program that allows workers to receive compensation because of an injury occurred on the job. It is a program that all workers contribute too and everyone is entitled to when injured. The payments are distributed based on the injury and how long the worker is out of work. But sometimes receiving payment is not so simple, a claim can be denied for several reasons. One common reason is the employer says you were at fault, and another reason is perhaps you were outside of your job description, or off the premises. This happens because the insurer of your employer will have to pay, so it is in their best interest to attempt to prove that your injury is not covered. If the claim is denied it does not necessarily mean the case it over. Many times, the case can be appealed. These claims are often only denied to save the insurance company money even though they are justified.
Please remember that the steps we are about to outline below are very confusing. Finding a really qualified Elmhurst workers compensation lawyer is the only way for you to really understand what you need to do in the appeal process.
If the initial request is denied there are options to appeal this decision. The appeal to a worker’s comp case is time sensitive, every state has a different limit on how long you can wait before appealing the decision. Often, it’s around one month, and at any time you are entitled to be helped by a professional attorney. Knowing this, the first step should be contacting the insurer and discussing the denial, sometimes it is only caused by a small error, and can be corrected quickly. The benefit of this is it saves time and expenses on both party’s sides.
If this does not succeed the case can be brought as an administrative hearing. This is a third party that is a lawyer that should remain impartial. At this hearing you will be required to bring some sort of evidence to support your claim. Medical evidence of the injury and pictures hold the most weight from a professional. The goal is to show that the fault was not on you, but on the workplace environment. After the hearing, the decision will be reevaluated based off of the new evidence and opinions.
If the result from this hearing is not in your favor there is one more option. There is an option to appeal the administrative judge’s decision in many places you have the right to go before the court. At this stage, there are often organizations or group that assist in help to dispute the claim. The same goals and evidence should be brought, plus whatever new ones arise.
Appealing a worker’s comp case is not always simple and professional help should be used to provide you with the best options.
Call us today for a free sit-down consultation in the Elmhurst area regarding your workers comp claim.
Elmhurst- The Crossroads Of The World
Elmhurst- The Crossroads Of The World