What You Can Do if Your Claim is Denied
More often than not, an initial denial of your claim can be reversed with quick, positive action. Employers and their workers' comp insurance providers will use any excuse to deny your claim. Some outright refuse to file an injury incident report, while others claim your injury was not severe enough or that your injury didn't occur at work. Some will intentionally misclassify a worker, which is fraud. At times it may be difficult to point to an exact day your pain started as in back injuries or carpal tunnel syndrome. An uncaring employer will refuse your claim on grounds you didn't know the exact date and time your pain started. Employee's intimidated by these tactics will go on working while the pain worsens. If any of these scenarios if familiar to you, it is time to consult a Kansas City workers' compensation lawyer who will act fast to protect your rights and help you successfully appeal a claim that was initially denied.
Kansas City Workers' Compensation Denials Lawyer
In an auto accident or a
construction accident, it is an easy task to spot the day, even the hour you were injured. Other injuries come about over time by repetitive actions involved in work. Both types of injuries are valid claims under workers' compensation law, and your employer must file a report on your behalf with the Division of Workers' Compensation.
Injuries and pain caused by repetitive work conditions, include:
Don't worry if you don't know the day your injury started, it is enough to know the month and year based on a reasonable calculation of the circumstances. For example, you've seen your doctor for shoulder pain for the past 5 months. You have reported that shoveling sand and gravel is becoming difficult to do. Then in October this year your doctor says your shoulder muscles and ligaments are breaking down. In this situation your claim would be repetitive shoulder injury with October of this year as the date of injury. The official date of injury may not be until the employer sends you to one of its own doctors. This helps extend and preserve reporting deadlines.
Workers' Compensation law has changed many times over the years, and each change has made cases more complex. Attempts to deny your claim for fair compensation add frustration and time to an already confusing process. Contact a Kansas City workers' compensation attorneytoday for aggressive action and the fair compensation you deserve.