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When you get sick or injured while at work or because of your job duties, you probably expect that your employer will help you by covering the cost of your injuries and reimbursing your lost wages through the company’s workers’ compensation insurance program. Unfortunately, sometimes companies and their insurance providers deny benefits to eligible employees, or they try to protect their profit margin by paying significantly less compensation than is needed. Receiving a reduction or denial of benefits is discouraging, but it is not the end.
An Enfield workers’ compensation appeals lawyer from Berman,Russo & Merwin might be able to help you access your rightful benefits by following the correct procedural channels to file an appeal. Reach out to our dedicated local advocates today to learn more about how we can help.
Workers can receive rejections of their claims for workers’ compensation benefits on several different grounds.
Although workers’ compensation benefits are supposed to make things better for injured workers, filing claims can be complicated. To collect benefits, injured workers need to comply with strict procedural requirements. An employer could deny payment if the worker did not follow the proper procedures. For instance, a company could refuse to pay benefits if a worker waited too long to report the accident that led to their injury or if they did not report the injury to the appropriate person.
Employers also deny payments if they believe the worker has lied about their injury. For example, an employer could argue the worker’s injury did not occur at work or as a result of their job duties. An employer could also deny or reduce payment of benefits if they believe the injury is not as severe as the employee claims.
Sadly, some companies refuse to pay benefits because they want to save on insurance costs. By denying payment to one worker, they can discourage other employees from filing workers’ compensation claims.
A dedicated Enfield attorney can investigate why the company denied benefits and determine if an appeal could potentially succeed.
When an employer denies a workers’ compensation claim, the injured worker should not give up hope. An Enfield attorney who has experience handling workers’ comp appeals can help them through the various steps of filing an appeal.
A worker can request a conference with a workers’ compensation commissioner and their employer to find out the reason the claim was denied and present evidence to support their claim.
The parties determine what the contested issues are, have a last chance to resolve the problems and schedule a time for a formal hearing.
A workers’ compensation commissioner presides over a formal hearing, like a judge presiding over a trial with evidence and a formal record. The commissioner issues a written decision.
Employees can appeal the formal hearing decision to the compensation review board, which has two workers’ compensation commissioners and the chairperson. There is no additional evidence submitted at this appeal. Instead, the board makes a determination by reviewing the existing evidence and decision.
If a worker does not agree with the compensation review board’s decision, they can have their lawyer take their case to the Connecticut Court of Appeals and Supreme Court.
Our skilled legal team can help an injured employee work through each stage of the appeal to get their rightful benefits.
Appealing a denial of workers’ comp benefits is a complicated and challenging process. Working with a knowledgeable local attorney who is very familiar with the workers’ compensation sector is critical to your appeal’s success.
When your employer denies you benefits under their workers’ compensation program, you should consult with an Enfield workers’ compensation appeals lawyer who can offer you helpful advice and guidance. Call Berman, Russo & Merwin today to get started.
South Windsor Personal Injury Lawyer | Auto Collision Attorneys
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