Working with the workers’ compensation system can be incredibly frustrating. Despite clear evidence that you were injured on the job, your claim could still be denied. Often this is in an attempt to reduce costs and avoid payment without really looking at the facts of your case. You deserve better.
An experienced St. Louis workers’ compensation denial lawyer knows how to handle these situations. A denial is not how the process ends—it is simply a hurdle to overcome. Let our team of dedicated workers’ compensation attorneys help you obtain the financial recovery you deserve.
Denied Workers’ Compensation Claims
Most employers are obligated to carry workers’ compensation insurance within the state of Missouri and pay for valid claims when an employee is injured while at work. However, the sad reality is that many employers try to get out of making these payments to avoid increased premiums and the inherent costs associated with the claim.
Denials can happen for various stated reasons, although many are simply a pretext for the real reason. Reasons employers commonly give for a denied claim include, but are not limited to:
- The injury is because of a pre-existing condition
- The injury did not occur because of the person’s employment
- The worker is not entitled to benefits because they are a third-party contractor
These arguments, along with many others, may result in a rejected claim. When they are inaccurate and baseless, an injured worker may have a right to appeal. A committed St. Louis workers’ compensation denial attorney could help an injured individual throughout the appeals process and get the benefits they need.
Filing an Appeal for a St. Louis Workers’ Compensation Denial
After an employer denies a claim, all hope is not lost. There is an appeals process in place that allows an injured worker to request reconsideration of a claim. Some denials are accidental and due to clerical issues and mistakes. When this is the case, a knowledgeable workers’ compensation denial lawyer in St. Louis is often able to clear up the issue without a full appeal.
However, many employers purposely try to get out of paying an injured worker what they are owed. This situation requires an official appeal to protect the individual’s rights. Steps for a workers’ compensation appeal include:
- Filing a written application to request a review of the claim. This must be filed with the Missouri Labor Commission within twenty-days of the initial denial.
- If the Labor Commission also denies the claim, the worker and their attorney will file an appeal with the Missouri Court of Appeals within thirty days of the Labor Commission’s denial.
- The appeal provides proof to counter the denial of the claim. The Court will then choose how to proceed with the case based on appropriate evidence and the law.
Filing these kinds of claims is complex and subject to very unique procedures. An injured worker should consult a seasoned workers’ comp denial attorney in St. Louis for assistance with the entire appeals process.
Evidence Used in Workers’ Compensation Denials
Various types of evidence may be used to overcome the denial of a workers’ comp claim, such as:
- Surveillance tapes
- Fellow employee testimony
- Accident reports
- Test results
- Medical reports
- A doctor’s testimony
Valid and extensive evidence like the above could help prove that a worker’s injuries are legitimate and that they occurred while on the job.
Speak to a St. Louis Workers’ Compensation Denial Attorney
A denial of your workers’ compensation claim is not the end of the road. Our experienced team of legal professionals know how to fight for your rights and seek the compensation you deserve from a workplace injury. Do not let a greedy and unjust employer get away with wrongfully denying your claim.
A skilled St. Louis workers’ compensation denial lawyer is ready to fight for you. Contact us today.