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My initial claim was denied…now what?

After you got hurt on the job, you thought that you’d be able to make a claim and get the financial support that you needed. You were surprised when your workers’ compensation claim was denied, leaving you with no support at all.

After a claim is denied, it’s important for you to know that you can appeal that decision. There are a number of reasons that a claim might be denied, but you have a right to appeal the denial of your claim by requesting a hearing with the Workers’ Compensation Appeals Board.

What happens when you appeal a denied workers’ compensation claim?

If you appeal a denied claim, you will have your case heard by a workers’ compensation administrative law judge. There are over 23 locations where this hearing can take place, so it may be possible to request one close to you, especially if you will have trouble traveling due to your injuries.

You should not delay if you intend to appeal a decision, because you only have a short time to do so. You may want to reach out to a local workers’ compensation attorney to help you file the necessary appeals paperwork before the deadline.

Will you need to be evaluated by a Qualified Medical Evaluator (QME)?

It’s possible that a QME may need to examine you and go over your past diagnoses and medical paperwork to determine if a disagreement about your injuries or condition is justified. Whenever there is a medical dispute, it’s critical to fight for a medical provider who will be honest and helpful in your case. Your attorney can ask to work with an agreed medical evaluator, who is a doctor that both the claims administrator and your attorney agree upon together.

It can be upsetting when a reasonable claim for compensation is denied, but you do have a right to appeal. You may want to collect further documentation about your injuries and take steps to boost your case, so you have the documentation and medical support to show that you should be awarded workers’ compensation for your injuries.