What Can You Do if You Were Denied for Workers’ Comp in Massachusetts?
Every day people are injured in work-related accidents. In Massachusetts, those people may claim workers’ compensation and get payments to cover the cost of their injuries. However, getting compensation is not a sure thing and many injured workers are denied. If you were denied workers’ compensation, there is still hope. You can begin the appeals process and get a second chance to prove your claims and be compensated for your injuries.
After being denied, you should speak to an attorney if you have not already begun the appeals process. Appealing a workers’ compensation denial can be an exceedingly long and complicated process for some people. You must convince insurers and judges that your denial was a mistake. If you are successful, your claim for workers’ compensation may be granted.
If you were denied workers’ compensation after being injured on the job, please call our Boston workers’ compensation appeals attorneys for help. We can help you plead your case and hopefully get you the compensation you need. Call the Law Office of John J. Sheehan at (617) 925-6407 to schedule a free consultation with our team.
Appealing Your Workers’ Compensation Denial in Massachusetts
Not all workers’ compensation cases are granted. In fact, many are denied due to any number of reasons. However, if you are denied, you still have options available. Filing an appeal may help get you your compensation. An appeal may involve actual hearings in front of judges who will decide your fate, as well as conferences with representatives from insurance companies.
It is important to make strong arguments supporting your claims for workers’ compensation. We need to show that it was a mistake that your application was denied. Appealing may involve presenting new evidence and communication with various officials from the government. To successfully appeal your case, we will need to determine why your claim was denied in the first place and what information we might be missing.
An appeal could be relatively quick or take a very long time, depending on your circumstances. There are up to five stages of the appeals process. However, you may not have to go through each stage. Some people are successful at the first stage and do not need to go any further. Other people have to take their case all the way to the last possible stage. For help with your appeal, call our Cambridge workers’ compensation appeals attorneys.
Steps in the Appeals Process for Denied Workers’ Compensation Cases in Massachusetts
The first stage in the appeals process is conciliation. Conciliation is somewhat less formal than the stages ahead and involves meeting with the insurance company and the Department of Industrial Accidents (DIA). At this meeting, we must try to convince the DIA and the insurance company that your denial was a mistake and you should receive workers’ compensation. If we are successful, this is the end of the road. If we are denied again, we move on to the next stage.
The next stage is a judicial conference in which we can plead our case to an administrative judge. This is more of a conference between us, the judge, and the insurer rather than a formal hearing. At the end of the conference, the judge will make a decision regarding your denial. If the judge rules in your favor, your denial may be reversed. If not, we move on to the next stage.
The third state is a formal hearing in which we can present evidence and witness testimony about your accident and resulting injuries. This is similar to the judicial conference mentioned above, but this is a far more formal proceeding. We must present evidence and arguments at this hearing, demonstrating that you are eligible for workers’ compensation and should not have been denied. If we lose at this hearing, we can have your case reviewed by the DIA Review Board.
The DIA Review Board, in the fourth stage of the appeals process, can review the transcript from your evidentiary hearing and decide whether you should still be denied. At this stage, we do not make any arguments or present evidence. Only the transcript of your hearing is reviewed. Any appeals beyond this stage must go through the Massachusetts Appeals Court. If you wish to begin appealing your case, call our Wakefield workers’ compensation appeals lawyers.
Reasons Your Workers’ Compensation Case Could be Denied in Massachusetts
There are multiple reasons why your application for workers’ compensation might be denied. Some reasons may have to do with your overall eligibility for compensation, while other reasons may be due to errors on the applicant’s part.
You could be denied if you were not hurt on the job. Your accident must be related to your employment to be eligible for compensation. Even if your accident were work-related, you could be denied if you did not miss at least 5 days of work. You must also be an employee within the meaning of the law to be eligible. This includes most types of employees but excludes people like independent contractors. Compensation is also only intended for people whose injuries are the result of a work-related accident. Pre-existing injuries cannot be compensated.
Your application may be denied if you waited too long to claim compensation. Either your notice was too late for the insurer or you lost valuable evidence. If you are injured at work, you must report it immediately and get immediate medical attention. If you wait, you may lose valuable medical evidence. Another common applicant error that often results in denial is filling out paperwork and forms incorrectly. For help with your case, call our Massachusetts workers’ compensation appeals attorney.
How an Attorney Can Help if You Were Denied Workers’ Compensation in Massachusetts
An attorney can be an invaluable resource, whether you are at the beginning of your workers’ compensation case or the end. An attorney can help you gather all necessary information and evidence of your injuries for your initial application for workers’ compensation. This includes medical bills, information about your income, and proof that you missed work or cannot return to work.
If you were denied, an attorney could help you with the appeal. As mentioned above, appeals involve court-like proceedings and advocating for your compensation. Attorneys can help you make the best arguments in support of your case. The average person may not be equipped to handle their workers’ compensation case on their own. Call our Malden workers’ compensation appeals attorney for help today.
Call Our Massachusetts Workers’ Compensation Attorneys to Discuss Your Appeal
If you filed for workers’ compensation and were subsequently denied, you can appeal your case and hopefully get a better result. Contact our Massachusetts workers’ compensation appeals lawyers at the Law Office of John J. Sheehan by calling (617) 925-6407.