How to Appeal a Workers Comp Denial in Indiana
A serious on-the-job injury can means weeks or even months of recovery. During that time, you’re likely unable to work, and the costs of your medical expenses alone can feel insurmountable. Thankfully, you have workers compensation, and it should cover your accident-related costs, right?
You might have already taken the necessary steps to file your work comp claim, only to be denied. It’s a frustrating situation, but it’s important to know that work comp denials happen frequently.
When you’re struggling after a work accident, you’ll need to know how to appeal a workers comp denial in Indiana. Those benefits will make your recovery possible, and an experienced lawyer can give you the best chance at a successful work comp appeal outcome.
Before you file for an appeal, look at the denial letter you received. You’ll need to know the reason for denial before you begin, as it will guide you in how to prepare. The insurance company should have included this information, but if it’s missing, reach out to a lawyer about taking action against the insurer.
This reason will help you determine what type of evidence you will need. For example, you might be accused of being injured outside of work. You’ll need surveillance footage, eyewitnesses, and reports of an accident and injury to prove you were injured while at work. Your attorney can help you respond to these accusations and reverse the denial decision.
It’s especially important to gather any evidence that your claim wasn’t handled fairly. For example, if you believe your employer didn’t report in time, or if they otherwise weren’t compliant, the Indiana Workers Compensation Board will need to know. Once you have this evidence, you can schedule your first meeting.
Discussing your evidence and work comp claim in an informal meeting might be the only necessary step to securing your benefits.
For these meetings, you’ll sit down with your employer and their insurer. You’ll share any additional evidence and discuss the incident with them. If they accept your evidence, they may offer you your benefits on the spot. Fortunately, for many injured Indiana workers, this meeting is all it takes to ensure your compensation.
Your Appeals Hearing
Not all employees are so lucky. Your employer or the insurance company might continue to dispute your claim. In this case, you’ll take your claim to the Indiana Workers Compensation Board. Your claim will be reviewed by a board member, who will then decide whether to uphold or overturn the original denial.
Because this hearing is more formal, you’ll need to work with a work comp lawyer to prepare for your appeal. Your attorney can present your evidence and fight for your case, showing why you should receive work comp benefits. Once both sides have spoken, the board member will decide whether you’ll receive a settlement and how much it’s worth.
Fight for Your Workers Comp Coverage
You’re already struggling because of a work accident. Now, you’ve been denied your workers comp claim, and you’re feeling the financial pressure mounting. You’ll need help learning how to appeal a workers comp denial in Indiana, which isn’t an easy task.
Instead of fighting alone, retain the services of an attorney from Kooi Law. With our lawyers on your side, you’ll have experience on your side. We’ll fight to get your claim appealed so you can focus on a full recovery.
Ready to fight back and get your work comp denial appealed? Reach out for help, starting with a free consultation. We’ll discuss your options and explain how we can help before you agree to work with us. Contact us by calling 317-569-1335 or by completing the online form below.