When you suffer a work-related injury that affects your ability to do your job, workers’ compensation should be there to provide the financial support you need. Unfortunately, having these claims denied is not a rare occurrence.
In Massachusetts, many denials stem from questions about whether the injury occurred at work or the injury’s severity. Other times, issues arise from insufficient evidence to support the claim or errors in the filing process. Knowing your options for proceeding in this situation can be your first step toward securing the compensation you deserve.
Collecting the right documents
Start by taking a close look at the denial letter to understand precisely why they denied your claim. This will help you figure out if you need to gather more documents to support your case. You might need things like medical records, statements from witnesses or proof showing how your injury affects your work. The more thorough your evidence, the stronger your appeal will be.
Knowing your rights
If you think you received a wrongful denial, remember that you have the right to challenge it. Kickstart your appeal by submitting a Form 110 – Employee Claim to the Department of Industrial Accidents. This form serves as your formal request for them to review your case.
Understanding your appeal options
Once you file your appeal, the first step is conciliation. This is an informal meeting where you, your employer and the insurer sit down together to try and sort out the dispute without having to go through a formal hearing. If this does not work, the next step is a conference with an administrative judge. At this conference, both sides will present their evidence, and the judge will issue a temporary order based on what everyone has shared.
Navigating a disputed workers’ compensation claim can be incredibly stressful, especially while you are healing from a serious injury. As you go through the steps of appealing your claim, make sure you file all your paperwork accurately and on time. You might also want to consider consulting with a workers’ compensation attorney to help secure your much-needed compensation.
