When you’ve been injured at work, you might file a workers’ compensation claim to recover what you’re owed from your employer. Workers’ compensation claims don’t require you to prove your employer was at fault, which is why they’re so important to file. Even if you were partially at fault for your injuries that you suffered on the job, you can still file for workers’ comp and recover financially.
However, sometimes your claim can be disputed. This could happen for a number of reasons that you should know about. This can be confusing and make you feel like you aren’t sure how to proceed with your claim. Having a workers’ compensation lawyer on your side can help you feel more secure in your claim and can answer all of the questions you might have when it’s been disputed.
Let’s take a look at the different ways workers’ compensation claims can be disputed.
Why Might A Workers’ Comp Claim be Disputed?
When your employer or their insurance company finds fault in your workers’ comp claim, they can choose to dispute it. This means that they deny your claim. They can’t just do this for any reason, though. There must be a legal reason that your employer or their insurance company are choosing to dispute or deny your workers’ comp claim.
Here are some of the valid reasons that they have to dispute your claim:
- You missed the deadline to file your claim.
- You used the wrong paperwork to file your claim.
- The injury didn’t happen at work.
- Your injury doesn’t fall under state guidelines for workers’ compensation.
- You left your job before you filed your claim.
Depending on your situation, what happened to cause your injury at work, or the state laws surrounding your claim, your employer could have wrongfully denied or disputed your claim. That’s why it’s helpful to have a workers’ comp attorney on your side—they’ll be able to tell you if there were grounds for the dispute or if you need to file an appeal.
Let’s take a look at the appeal process and how your lawyer can help you with this.
Appealing A Workers’ Comp Claim Dispute
When your workers’ compensation claim gets denied, you might think it’s the end of the road for your claim, but that’s not necessarily true. You could still be able to appeal the decision that your employer or their insurance company made on your claim. If they made the decision based on one of the reasons listed above, then it could be the end of your claim.
But if their reasoning wasn’t sound, or if they don’t have grounds to deny your claim, then you can file an appeal. You should receive a letter that says why your claim was disputed, and it should come with instructions on how to appeal this dispute so that you can fight their decision.
In Mississippi, you’ll need to file an appeal with the Workers’ Compensation Commission within 30 days of receiving your letter that explains the denial. From there, they’ll send your appeal to the Mississippi Supreme Court so that it can be processed, and you can get an official response about your claim. This can seem like a long process that will take more effort than your initial claim, but you deserve to get the answer that you deserve.
When you have a workers’ compensation lawyer from Corban Gunn, Attorney at Law on your side, you can have peace of mind knowing that you have representation who will fight to get you justice. You won’t have to worry about the small details because your lawyer will cover them for you.
Our Workers’ Comp Lawyer Can Help You Recover
You shouldn’t have to deal with a workers’ compensation claim on your own. They can be complex and frustrating, especially when your claim has been disputed for a reason that you don’t think applies to your case. At Corban Gunn, Attorney at Law, our Biloxi workers’ compensation lawyer is here to help you fight back and file an appeal so that you can get justice for your injuries.
Your injuries and subsequent damages from the accident you suffered on the job shouldn’t keep you from taking legal action. We’re here to ensure that your rights are protected and that the insurance company doesn’t take advantage of your injured state. Reach out to us today so that we can get started on your claim.