Denial vs. Appeal

What’s the Difference Between a Workers’ Comp Denial Claim and Appealing a Decision?

Man with wrist injury - Workers' Comp Denials & Appeals | KK&OPlenty of people find themselves in need of workers’ compensation due to a work-related injury. However, the process itself can be confusing for those unfamiliar with it. As workers’ compensation attorneys, we’re often asked about the differences between a denied claim and appealing a decision.

  • What does it mean if my workers’ comp claim was denied or rejected?
  • What does it mean to appeal a workers’ compensation claim?
  • How is a denial different from an appeal?

To help you better understand your rights, we’ve broken down the differences between a denied workers’ compensation claim and appealing a workers’ compensation decision.

Workers’ Compensation Denial Claims

This means your employer and the workers’ compensation insurance carrier have determined you do not qualify for workers’ compensation after you reported the work injury. In this phase, your case has not yet gone to trial.

You should receive a notice of denial or notice of stoppage in the mail that lets you know your claim was denied. Immediately call a workers’ compensation lawyer when this happens.

Krasno Krasno & Onwudinjo lawyers will file a claim for you and only collect a fee if we win your case.

Appealing A Workers’ Compensation Decision

This means you went to court, litigated your case before a workers’ compensation judge, and lost.

A workers compensation trial is a multi-step process that lasts approximately 12 months. If you want to appeal, the lawyer who originally handled the case should file the appeal for you. Your lawyer may not choose to appeal the case.

Krasno Krasno & Onwudinjo lawyers only file appeals for clients they represent.

Key Points To Remember

When it comes to workers’ compensation, there are three key points to remember:

  1. If you’re injured on the job, report the injury immediately. After you report the injury, make sure you get medical attention right away.
  2. Your employer should give you a list of medical providers. If the employer fails to do this, go to an urgent care center or your primary care physician immediately.
  3. It’s also important to call a lawyer and sit down for a free consultation, so you can sue the workers’ compensation insurance company to get the wage loss and medical benefits you deserve.

Our legal team is always available to discuss your case. Contact us today to get help for your workers’ comp claim within minutes.

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