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A workers' compensation denial may lead you to an appeal

If you suffer an on-the-job injury, it's your hope to eventually restore your previous level of health so you can get back to work.

Along the way, you hope that your employer treats with you respect as you seek the workers' compensation benefits you deserve.

Possible denial reasons
Unfortunately, things don't always work out as planned. There are a variety of reasons for a workers' compensation denial, including the following
  • The claim was not properly submitted: It's easy to make a mistake when filing a claim, so you need to be extremely careful with the information you include and the deadlines that are in place.
  • Preexisting injury: You may argue that you suffered the injury at work, but your employer states that it was something you have been dealing with.
  • Failure to report the injury in time: You have to report the injury to your employer. Doing so as soon as possible, hopefully on the same day, can protect you against a denial for this reason.
  • Failure to receive medical attention: It's not good enough to simply assume that you're injured and unable to work. You must receive immediate medical attention, to provide an accurate diagnosis and begin the necessary treatment.
  • Employer disputes the claim: Your employer can dispute your workers' compensation claim for many reasons, such as arguing that you were injured outside of work or that your injury was the result of horseplay on the job.

What should you do after a denial?

If you receive a workers' compensation denial letter, your attention should turn to filing an appeal.

First off, find out why your claim was denied. It may be the result of a simple mix-up, such as a mistake on the application. This is often an easy fix, thus resulting in receiving workers' compensation benefits in the near future.

If you're facing a much more complex situation, such as your employer disputing the claim, you need to learn more about the North Carolina workers' compensation system and your legal rights.

Filing an appeal can be challenging, as it entails investigating the accident and substantiating your claim. Along the way, you need to meet every deadline.

For more information on the workers' compensation system and how to obtain benefits, browse our website and past blog posts.

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John McCabe wrote "The Investigation and Analysis of Personal Injury Cases" in the best-selling book Personal Injury Practice in North Carolina. This is the book that other lawyers follow in handling personal injury cases.

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The Law Offices of John M. McCabe, P.A.
1130 Kildaire Farm Road
Suite 230
Cary, NC 27511

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