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Question for the Work Injury Lawyer: Do I Appeal a Timely Reporting Denial?

When insurance companies handling workers’ compensation cases deny claims, they frequently cite a failure to report the injury promptly. Do not accept this assessment without asking a work injury lawyer if it is possible to appeal the decision.

For starters, a claim denial does not mean that your case has no merit. Instead, it might simply suggest that you failed to observe a deadline. Even this statement is open to interpretation. There are plenty of reasons why injured workers do not immediately report an injury.

  • Inability to pay medical expenses. If you are living paycheck to paycheck, you most likely cannot afford the cost associated with a co-pay or out-of-network urgent care visit. As a result, you try to get better by yourself first. For an ankle injury, you might try elevating the foot for a day and applying cold packs.
  • The time-lapse between the injury and the report. When trying to take care of the pain does not work, you report the accident. Unfortunately, there has been a weekend in between the occurrence and the report. The insurer may now claim that there is no proof that the injury stems from a work accident rather than an incident that happened over the weekend.
  • Worsening pain results in a claim. You may have decided that you can handle the pain associated with a fall off a ladder at work. Only when the pain gets worse, and you suspect that you fractured bone, do you approach your supervisor to file a report. Insurers may question the severity of the injury.

Do not let an insurance company’s workers’ compensation claim denial dissuade you from pursuing a case. Meet with a work injury lawyer to discuss the details of filing an appeal. Contact us today to learn how to protect your rights after suffering a work-related injury.