Silvi, Fedele & Honschke Attorneys at Law, L.L.C.
Phone 732-504-3841 Toll Free 877-251-5491

Is a workers’ compensation denial a possibility?

After suffering a workplace injury, your doctor may suggest that you spend time away from work to recover. Furthermore, your injury may be so serious that there's no way you can return to work in the near future.

This leads you to file a claim for workers' compensation benefits, but then something happens: You receive a denial letter in the mail.

While you hope that your workers' compensation claim is approved the first time around, there are several reasons why this may not happen:

  • Your employer says you weren't injured at work: Remember, an approved workers' compensation claim is likely to increase your employer's premium. For this reason, they may argue that you weren't injured at work in hopes that you never collect on the claim.
  • You did not report the injury: Don't waste any time reporting the injury to your employer, as keeping this to yourself harms your ability to obtain benefits. It's best to do this the same day as your accident.
  • You did not receive medical treatment: Don't attempt to diagnose and treat your injury yourself. Even an injury that appears minor can be much more serious. Seek medical treatment immediately following your accident.

These are the types of things you have to worry about when filing a workers' compensation claim. If you receive a denial letter, it will outline the reason, as well as the steps you can take to file an appeal.

The appeals process means that there is more work to do and a longer waiting period for the money you deserve, but it's better than letting your employer push you around. You have legal rights and you need to protect them.

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