injured by a malfunctioning saw

injured by a malfunctioning saw

Options Available To You Before Taking A Workers' Comp Insurance Provider To Court

by Lawrence Miller

Having your workers' compensation claim denied can be a shocking experience. You might be relying on your workers' comp to pay your bills and you suddenly find yourself without an income. However, it's important to not lose all hope. Many workers' compensation law firms offer a free initial consultation and others do not require you to pay them until after you have won your case. 

Read the Claim Denial Letter

After you have received a claim denial, the first step is to read the claim denial letter. This will allow you to find out exactly why the insurance provider believes you are not eligible for compensation through their policy. 

In some cases, the workers' compensation insurance provider might argue that you were simply not injured badly enough to be eligible. Or, the workers' compensation insurance provider might argue that you were not actually injured while at work. You will want to act quickly because you must meet all deadlines when seeking compensation through a workers' compensation insurance program. 

Talk to an Attorney

Speak with an attorney before you contact the insurance provider. This is because an attorney will be able to guide you toward having the most productive conversation possible. You will want to communicate with the insurance provider to make sure that there isn't a simple fix. For example, you might simply need to submit missing paperwork. 

However, in some cases, the workers' compensation insurance provider might be acting in bad faith. If this is the case, you may need to take legal action against the insurance provider so you can receive the benefits you are entitled to. 

Undergo a Medical Evaluation

If you file an appeal and the appeal is denied, you should receive an answer as to why the appeal was denied. In some cases, they might request that you undergo a medical evaluation that is carried out by a doctor of their choosing.

Work With a Third-Party Mediator

You may also be able to have your workers' compensation case resolved through meditation. A neutral third party will speak with both you and the insurance provider and will have the goal of assisting you in resolving the dispute. 

File One Last Appeal

There are some cases where you are unsuccessful with your appeal and the mediation is not successful. One of the last options before going to trial is to file another appeal with the workers' comp board. Once your appeals have been exhausted, you can choose to take the insurance provider to trial. 

Contact a local workers' compensation law service to learn more. 


About Me

injured by a malfunctioning saw

What kind of injuries can you hold someone liable for? How severe do the injuries have to be? When my husband was injured by a faulty saw, we weren't sure what we were going to do. At that time, we didn't have any health insurance and had to try to come up with the money for emergency and long-term medial treatment. This created an impossible time for my family. My husband was out of work and we had medical bills piling up because a product that we paid a lot of money for malfunctioned and injured my husband. So, what can you do when this happens? Read through my blog.