What Should I Do If My Workers’ Compensation Claim Was Denied?
Any Denver worker’s compensation denial attorney will tell you that getting workers’ compensation benefits often is not easy. Even people who have dedicated their lives to a particular job over decades are regularly seen as a cost item on a spreadsheet after they get injured or contract an illness at work.
That is one reason why many employers and their insurers regularly fight workers’ compensation claims or make low-ball offers to resolve them through settlement. It is also why it is vital to speak with a seasoned Denver workplace accident lawyer as soon as possible after suffering a work-related injury or illness.
If the insurer declines your workers’ compensation claim, you can take it to the state’s Division of Workers’ Compensation and request a hearing in front of an administrative law judge. The judge will likely first preside over an informal prehearing conference to discuss whether the matter can be resolved without a formal hearing.
If the matter cannot be resolved, the injured person can seek a full hearing. The injured person and the employer or insurer will present evidence at the hearing and make arguments as to why the claim should be approved or denied.
Denials from Pre-Existing Conditions: Our Denver Worker’s Compensation Denial Attorney Explains
Many workers compensation battles come down to arguments over pre-existing conditions. An injured worker says he or she was hurt on the job, but the insurer says the worker already had the injury before the workplace accident happened.
The truth is that a worker can still get workers’ compensation benefits for accidents on the job if the mishap caused the person to aggravate a pre-existing condition, like an old back injury. So long as the incident has caused the person to seek new, more or different medical treatment for an existing injury, the worker is likely to be entitled to workers’ compensation benefits.
These cases often involve a very fact specific inquiry, requiring substantial medical documentation and other evidence. That is yet another reason why it is crucial to have a Denver workplace accident attorney by your side.
Appealing a Workers’ Compensation Denial in Colorado
If your claim is denied by the administrative law judge, you have a legal right to appeal the decision. You must follow detailed instructions for raising the appeal, including by providing a transcript of your workers’ compensation hearing. You also must file the necessary paperwork within 20 days of learning that your claim has been denied, or risk losing your right to continue fighting the case.
A Denver workplace accident lawyer at Levine Law can help you navigate the process and make the strongest possible case for benefits. That includes by preparing a brief, laying out how you were injured and making legal arguments for why you are entitled to benefits.
The brief – included in a petition for review – will be reviewed by another administrative law judge and may eventually go to an appeals panel. You also have the right to eventually take your case to the Colorado Court of Appeals.
How the Attorneys at Levine Law Can Help You
If you or a loved one has been injured in an accident on the job, Levine Law can help. The earlier that you seek the advice of an attorney, the stronger your chances of getting workers’ compensation benefits.
We are pleased to serve clients throughout Colorado, including in Denver, Colorado Springs, Ft. Collins, and Loveland. Call us at 303-333-8000 or contact us online today.
