How Do You Fight a Denied Workers’ Compensation Claim?

Published on Jan 6, 2022 at 12:31 pm in Workers' Compensation.
How Do You Fight a Denied Workers’ Compensation Claim?

Workers’ compensation is there for you when you’re hurt on the job. Even if it was your fault, you can file a workers’ compensation claim since your injury happened when you were at work. Those injuries could lead to lasting pain, damages, disability, and other complications, which is why filing a workers’ compensation claim is so crucial—it enables you to have financial support through that time.

However, sometimes those claims can be denied, and you don’t receive your workers’ compensation benefits. Whether this was a mistake or happened for a reason, you could be interested in appealing that denial. Let’s take a look at why your claim might get denied and what you can do to fight it.

Why Might Your Workers’ Comp Claim Get Denied?

Filing a workers’ compensation claim can be stressful. If you got hurt on the job or developed an illness or condition because of your work environment, then you could file a workers’ comp claim so that you can recover financially for what you’ve suffered through. Maybe you broke your leg, inhaled toxic chemicals over time from your job, or some other injury specifically from your job, and want to recover compensation from your employer.

In this article, we’re discussing how you can fight the denial of that workers’ comp claim, but before you can fight a denial of a workers’ compensation claim, you’ll need to be denied. Even though you might expect your claim to go through the first time when you file it, there are a few reasons that it could be denied, whether you feel those reasons are valid or not.

Here are the different reasons that a workers’ comp claim could be denied:

  • You missed the deadline to file your claim
  • The injury didn’t happen on the job or wasn’t work related
  • Your injuries or illness don’t fit the Mississippi guidelines for workers’ comp
  • You didn’t miss work from your injuries
  • Your injuries weren’t serious or didn’t require medical attention
  • You were no longer working at that job when you filed your claim

Once you file and get a denial, that’s when you can start to focus on your next steps.

What You Need for a Denied Claim Appeal

Getting a denial for your workers’ compensation claim can be incredibly frustrating. You assumed that it would go through because you thought you did everything right. If you think your claim was wrongfully denied, then you have some options for what you can do to appeal that ruling. The written denial will have information on how you can appeal the denial since you believe it was wrongful.

Here are some of the things you’ll need to have in order to have a successful appeal:

  • Paperwork from all of your filings, including the written denial
  • Evidence of your injuries
  • Proof those injuries were job-related or happened at work
  • Evidence that you were employed by that company at the time of the injury
  • Proof that you notified your employer of your injury within the correct timeframe and through the proper process
  • Evidence that you’ve met all deadlines along the way, including to be filing an appeal

According to the Mississippi Workers’ Compensation Claims Guide, an appeal must be filed within 20 days of the initial decision in order to be considered. This appeal is filed to the Full Commission, where they review all the evidence and will hear verbal arguments if requested and granted. They’ll file a written Order that affirms, reverses, or amends the judge’s decision on your claim.

From there, if you still disagree and want to fight that denial as well, you have 30 days to appeal the Commission’s Order. This appeal will be filed to the Mississippi Supreme Court, where they will have the final decision.

However, in most instances, the Mississippi Supreme Court won’t come to a different conclusion because they will not be reviewing new evidence. The state’s Supreme Court can only overturn the Commission’s decision if their initial decision wasn’t based on substantial evidence.

All of these appeals will take the help of an experienced workers’ compensation lawyer.

Mississippi Statute of Limitations for Workers’ Comp

One of the most important parts of your claim is filing within the correct time. Even though we’re focusing on what to do if you’ve been denied your workers’ comp, it’s important to know the timeline you need to file within so that it doesn’t get denied in the first place.

The statute of limitations for workers’ compensation claims in Mississippi is two years. This means that you have two years from the date you were injured to file a claim from enduring an injury on the job. There are some factors that could influence this timeline, which is why it’s helpful to have an attorney on your side.

A workers’ compensation lawyer can help you determine if you’re within the timeline to file, or how to continue when your claim has been denied. When you have a lawyer with experience on your side, they’ll be able to tell you the best course of action so that you can get the benefits you deserve.

Corban Gunn, Attorney at Law Will Help You Fight Back

Filing a workers’ comp claim and getting a no in return can be frustrating. You were hurt on the job and feel this denial of benefits isn’t right. Thankfully, there’s still steps you can take to appeal that decision—but you shouldn’t have to do that on your own. That’s where an Ocean Springs workers’ compensation lawyer from our firm comes in.

When you have Corban Gunn, Attorney at Law on your side, you can feel confident that your claim is as strong as possible. He will fight to get you what you deserve for what you’ve been through. Reach out to our office today so we can get started working for you.



If you can’t call us, fill out the form below. Our initial case evaluations for personal injury cases are always free. No strings attached.