Workers Comp insurance is denying my claim

A workman's compensation claim rejection isn't something to take simply. It may possibly affect your life and even the lives of your close ones. A denied claim often starts with a letter from the Workman's compensation insurance company telling you of the decision. This usually means that they don't think your accident is covered under the Workers' Compensation law. If you get this letter denying your claim, you have the right to challenge the decision. This post will go through the step that are require if you choose to challenge the insurance company The primary step to object to the decision will be to file a case with the court. This can be done at your local Department Workers comp office or DWC office. These offices are trial courts that handle unclear claims and where a judge will examine both sides and make a final decision.

How do I file my case? In order to bring your case to a Workers compensation judge, you will want to file an Application for Adjudication of claim. The application must be filed at your local DWC office or in the county where you got injured. You also have to serve all the parties involved a copy of your application. In the beginning the only party involved is the insurance company but don't be surprise if the list gets pretty big. After your application has been properly filed, you will receive a case number from the DWC. Your case number will begin with the letter "ADJ" followed by numbers. Please use this number on all documents related to your claim. Getting a court hearing You will have to file a Declaration of Readiness to proceed to request a hearing. Your case will then be scheduled for a mandatory settlement conference.

{What can I expect at the hearing?|What will happen at court hearing?"

You can expect to appear in front Judge along with the claim administrator or their attorney. The judge will try to assist both sides to reach an agreement. However, if an agreement is not feasible with the insurance or their attorney at the Mandatory Settlement Conference. The judge will schedule a trial. After listening to both side, the judge will deliver a written decision that will be sent to you by mail. You will have to wait approximately 30 to 60 days after the trial to get the decision. In the event you don't agree with the judge's decision, you will have to file a Petition for Reconsideration. Prepping for a trial isn't an easy job. Trials require of discovery for evidence like getting medical reports to prove your point, going to deposition and at time taking the cross examination of doctors.Plus, the cost of a number of these things can get very pricey. You also have to take into consideration the law and rules of practice. It is not recommended to go to a trial without legal expert. A denied claim is an inexpensive way for the insurance company to eliminate your work comp claim. This practice is normal from claim adjusters. They're betting that in a lot of cases the injured employee will stay away from confrontation and not employ an attorney. This saves them millions of money in medical expenses and litigation. Do not let them take the benefits you are entitled too. Hiring a qualified Workers' compensation attorney that can protect your best interest and get you the proper treatment will make a big difference in the long run. Besides, a lot of workers comp professionals will do without charge consulting and you don't pay unless they win. Really what are you waiting for? Fight for your right, lawyer up.

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