Challenging Denied Workers’ Compensation Claims
Workers’ compensation benefits are a lifeline for individuals who have suffered life-changing work-related injuries. When insurance companies deny valid claims, it can create turmoil and uncertainty.
Often times, your claim may be initially admitted by the insurance company but later denied, particularly after you have been examined by the insurer’s “independent medical examiner.” You are often left wondering how the insurer can deny your claim after it admitted it from the beginning. This is not at all uncommon. Insurers may deny certain medical treatment, but not all medical treatment. They may continue to pay for medical care but deny wage loss benefits claiming you are able to return to work, contradictory to your treating doctor’s orders. Whatever the denial may be, you need legal counsel to guide you through the process to reinstate the benefits you are entitled to, and need, to recover from your injury to be able to return to work.
In Minnesota, if an insurance company denies your workers’ compensation claim, you have the right to challenge that denial. It is essential to have knowledgeable legal counsel on your side especially when your claim has been denied. The litigation process is complicated and laden with rules and laws that most people do not understand. It is not a level playing field between you and the insurance companies.
At Klampe Law Firm, our Rochester law firm has taken on these battles for years and prevailed. Our knowledge, skill and experience work to your benefit. Call us today to learn more about your rights when you have been injured at work and the insurance company denies your claim.
No Recovery, No Fee in Workers’ Compensation Cases
All legal work in a workers’ compensation claim is contingent, meaning no fee is owed until we recover denied benefits or negotiate a settlement on your claim. There are never out-of-pocket fees. It is always free to consult with us about your claim to determine the best course of action. Call 507-216-8722 today to schedule your free consultation with our workers’ compensation attorney.
Preparing a Compelling Case in a Denied Workers’ Compensation Claim
Our first step after a denied claim will be to gather all of the documentation and information about your claim. We will thoroughly review your medical records and other evidence. We will discuss the denial with the insurance company to work toward a resolution. If that is not possible, we will file the necessary claim with the workers’ compensation court and pursue litigation on the denied benefits. This will often times lead to a formal evidentiary hearing. However, most workers’ compensation claims are resolved during the litigation process without the need for a formal hearing. Regardless of how your claim proceeds, we take an aggressive approach in working up your claim as if we are taking it to hearing before a judge.
The first level of a hearing is with an administrative law judge in the Workers’ Compensation Division of the Office of Administrative Hearings (OAH). The judge will review evidence and make decisions about the disputed workers’ compensation claims.
After you prevail at the first level of hearings, your benefits will be reinstated going back to the time the insurer should have paid them. If the judge denies your claim, you have the right to appeal to the Minnesota Workers’ Compensation Court of Appeals (WCCA). If the WCCA denies your claim, you can request that the Minnesota Supreme Court review your case, although there is no guarantee it will accept your appeal. We are there throughout the entire litigation process to guide you in the necessary decisions on how to proceed in your claim. Let us take the stress and uncertainty off of you. Call to speak with our skilled workers’ compensation attorney today.