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Workers’ compensation coverage protects workers who have been injured on the job. If you have been hurt while you were on the clock, you have the right to seek benefits from your employer’s workers’ comp coverage. Many people are not aware of the reasons that they might need to seek a workers’ comp lawyer and therefore miss their chance to dispute a workers’ compensation denial.
Las Vegas workers compensation rules are complicated, but a skilled and experienced legal team can help you navigate the process of reopening your case that was denied. Denials can happen for a variety of reasons, such as a lack of evidence, incorrect reporting from your employer, and a lack of response from either side of the case. You need a legal expert to help you if your workers’ comp claim was denied in error.
First and foremost, it needs to be stated that you should never hold off on reporting your injury to your employer. There are strict reporting times for on-the-job accidents and injuries, and if you miss the filing deadline for your accident, you might be out of luck even if you do secure a lawyer to help you with your case. In Las Vegas, you are required to report your accident “immediately” and complete the C-1 form within 7 days of your accident.
Let’s take a look at the reasons that your claim might have been denied but can be reopened.
One of the main reasons that people seek the help of a legal professional after they have been hurt on the job is that their case was denied. Missed deadlines, incorrect documentation, and a lack of response to the adjuster can all lead to a workers’ comp claim being closed that should have remained open. It’s important to be aware that denials are not final. You can open them and have the case looked at again.
However, it can be really hard to have your case looked at a second time without the help of a lawyer. You need legal representation to make sure that your case is handled the right way this time, and so that you can get the support and payments that you need to heal.
In some cases, your claim was denied because your employer didn’t agree that you were hurt on the job. They might argue that you had a pre-existing condition or that you engaged in horseplay at work that led to your accident. These kinds of determinations from your workplace can’t be refuted if you do not respond to requests for more information or if you do not have adequate evidence to argue against them.
Once you have a lawyer on your side, however, all the red tape that led to your incorrect denial can often be cleared away. Your lawyer will work hard to find witnesses to speak on your behalf and will make sure that the correct information is given to the insurance company that is looking at your claim for the second time. This can ensure that you are able to seek benefits and that your claim will remain open long enough for you to heal and get back to work.
Paperwork problems can happen on both sides of the workers’ comp claim process. If you did not respond to the adjuster in a timely fashion and provide the needed documentation, your claim could be denied for this reason. If your employer did not respond to requests for documentation, your claim could be closed incorrectly due to their lack of attention to it.
Documentation can be submitted again when you reopen your claim, and having your lawyer track down the required information and compel your employer to respond as well can be a big help to your case. You shouldn’t tolerate your claim being closed because your employer didn’t take the right actions on their end of the work that needed to be done. Your legal team can provide the support that is needed to make sure that your claim is properly documented and supported on both sides of the equation.
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In some cases, it can be hard to determine if your accident caused a fresh injury or if an existing condition has become aggravated by your accident at work. It can also be hard to establish a viable claim if there were no witnesses to your injury, and your employer can prove that you were correctly trained to do your job without injury. These are the most common situations where a reopened claim will still be closed and denied a second time. This is why it is so important that you don’t allow your original claim to be closed or denied for any of the above reasons.
If you are concerned about navigating the complexities of your workers’ comp claim, you are not alone. Lots of people struggle to take care of all the steps and stages of a workers’ comp case when they don’t have the proper legal support. Getting a lawyer right away can be very helpful if you are concerned.
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Workers’ comp cases are often a specialty focus of legal teams, which means that you should be able to find a skilled and experienced lawyer to handle your case with ease. Be sure that you look for lawyers who work in this area almost exclusively. It can make all the difference to have someone with years of experience handling these kinds of cases working hard to make sure that your claim isn’t denied in error.
If you were hurt on the job, you deserve to get access to the monetary support that you need to get back on your feet. It is quite common for workers to accept claims denials without a fight, but you don’t have to make this mistake. Having an experienced lawyer on your side can help you avoid the common pitfalls that lead to denied claims or inaccurate settlements.
