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Colorado Injury Firm

Steps to Take if a Workers’ Compensation Claim in Lakewood is Denied

All injuries suffered while on the job in Lakewood are covered by workers’ compensation insurance. Unfortunately, this does not stop insurance companies from denying claims or issuing benefit packages that do not adequately reflect the extent of the injuries. However, Colorado law provides for an appeals process that is made available to all people who disagree with an offered benefit package.

People should remember that there are several steps to take if a workers’ compensation claim in Lakewood is denied. These steps will serve to both preserve evidence in the case and achieve a successful appeal. A skilled workers’ compensation lawyer can help you through the process.

Examine the Workers’ Compensation Denial Letter

The first step to take after receiving a denial is to understand why that denial was issued. It can be critical for an injured party to discuss the appropriate steps to take if a workers’ compensation claim in Lakewood is denied because there are few reasons why they might occur.

The first reason is because the injury preexisted the incident. If an insurance company believes an injury was suffered prior to going to work and that this injury was the source of the disability, they will not issue benefits.

The other common source of denial is because the injury was not suffered while at work. The concept of at-work is a legal term. This means that a person needs to be on the clock and performing their work duties at the time of the accident. If the injury was suffered during a commute to work or happened due to horseplay, the claim will be denied. However, both categories leave room for argument on appeal.

Obtain a Second Medical Opinion

Employers maintain the ability to choose the doctor who provides medical treatment. This doctor will also determine the extent of any permanent loss in workability. If this doctor gives an unfavorable decision concerning the extent of injury, claimants may wish to obtain a second opinion.

While any treatment provided by this other doctor will not be paid for by the workers’ compensation insurance company, a fresh set of eyes on a medical case can prove beneficial.

File an Appeal that Argues for Full Benefits

Whenever a worker disagrees with the decision made by an insurance company, they have the right to appeal that decision to the state. Colorado maintains the Office of Administrative Courts that refers cases to administrative law judges.

These judges handle disputes between workers and insurance companies concerning workers’ compensation packages. In addition to trials, the office also provides settlement conferences and arbitration sessions to bring the two sides together.

How a Lakewood Worker’ Compensation Attorney Can Help

All injuries that happen on the job should be covered by workers’ compensation insurance. However, through legal maneuvering, many insurance companies deny valid claims. By following these few steps to take if a workers’ compensation claim in Lakewood is denied, employees can increase their chances of obtaining the benefits they need to provide for their families. Contact an experienced workers’ compensation attorney to see how they can help you through this important process.

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