What To Do If Your Workers' Comp Claim is Denied
Many injured workers will receive a Denial Letter from the adjuster handling their Alabama Workers' Compensation claim. This Letter will typically provide reasons for the decision to deny workers' compensation benefits. Reasons for a denial might include: pre-existing condition, or the theory that the injury was not work-related. Or it may just be that the insurance adjuster does not have enough evidence in front of them to agree that an injury was work-related. Unfortunately, there are people in our society that will abuse the Alabama Workers' Compensation Act, and because of that abuse, part of an insurance adjuster's job is to deny the claim if it appears that the insurance company is not legally responsible for your medical treatment.
The good news is that the Alabama Workers' Compensation Act provides injured workers in Alabama an option to ask a Judge to decide if an injury is work related, and if the employer is responsible to pay for medical treatment. Whether this is an option for you depends on the particular facts of your case. This procedure involves doing all of the things necessary to:
- Prepare for Court
- Gather your records
- Speak with witnesses
- Try to find a doctor to treat you
- If necessary, we speak with any doctors who have treated you
- Go to Court
- You provide your testimony - The judge hears your side of the story
- We tell the Judge what the doctors said
- We show the Judge your records
- The other side gets to show the Judge their records
- The Judge makes a decision
This procedure does not necessarily have to go all of the way to the Judge. Often times, when enough evidence is gathered, the Employer will change position and agree to provide medical treatment. What all of that entails, though, varies from person-to-person, because every injury is unique and different; so are the facts leading up to and surrounding the injury.
If you believe that you have a workers' compensation injury that should be covered under the Alabama Workers' Compensation Act, and it has been denied, I cannot unfold more of what to expect for you without speaking to you. You can look for more information regarding your particular injury in the Information Center to the right.
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- Based on the information that you provide, I will give you my best advice on both what claims you have, and the next steps you should consider to proceed with your claim(s).
- If your claim is something that I think I can help you with, I will explain the services that I can provide for you, and what the next steps are that we should take. We will start working immediately.
- If your matter is something that I do not think I can help you with, then I will attempt to put you in contact with another lawyer that might be able to help you.
- Either way, what should happen is we will put to rest some of the unkowns that you may be experiencing. We will start to shed some light on what you can expect, and how to best pursue the benefits you deserve.
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