The denial rate for workers’ compensation claims has increased significantly in recent years. The most likely reason for the increase is the desire by employers and their insurance companies to lower costs. Many of these employers are discovering that the strategy does not work. Increased denials have actually led to higher claims costs.
If you are an injured worker and your claim has been denied, you may be dealing with the high cost of medical bills combined with the fact that you have lost wages because your injury has kept you off the job. When faced with a claim denial under these circumstances, do not lose hope. You may still be able to collect benefits if you follow the right steps.
There are several reasons why a workers’ comp claim could be denied, in whole or part. The precise reason will be described in the denial letter. Reasons for a workers’ comp denial include:
If your claim is denied, you will need to present your claim to an Administrative Law Judge for determination, through a formal “Application” process. This procedure, administered through the Kentucky Labor Cabinet, can be complex and confusing. Accordingly, it is strongly recommended that you have an attorney represent you.
A hearing before an administrative law judge is the first part of the process. The judge will determine whether there is adequate evidence to support your claim. Thereafter, if your claim is denied by the judge, there are levels of the appeals process that you can pursue. For example, the Kentucky Workers’ Compensation Guidebook states that you may appeal to the Workers’ Compensation Board if you receive an adverse decision from the judge. It is important to understand that the appeals process involves some strict deadlines. Your attorney can help you to meet those deadlines.
At Saladino & Schaaf, we have years of experience representing Kentuckians in workers’ compensation lawsuits. If you’ve been injured on the job, contact us online or at (270) 444-0406 to schedule a free consultation today. You may be entitled to significant compensation, but the clock is ticking.
Saladino & Schaaf, PLLC is dedicated to providing high quality, aggressive legal representation to victims of personal injury and wrongful death. Since 1984, this firm and its predecessors have had one goal in mind – to help the victims of personal injury put the pieces of their lives back together.
Saladino & Schaaf, PLLC is a Personal Injury Law Firm with offices in Paducah, KY and Murray, KY. We serve clients throughout Kentucky and Illinois.
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