I got injured at work and filed a workers comp claim but it was denied. My employer says the injury did not happen on the job. What do I do?
A denied workers compensation claim can and should be appealed. The appeal process varies by state but generally involves filing a formal appeal with your state workers compensation board within 30 to 90 days of the denial. Start by getting a copy of the denial letter which should state the specific reason. Common denial reasons include the employer disputes that the injury happened at work, the insurance company says you did not report the injury timely, or they claim the injury is from a pre-existing condition rather than a work incident. Gather evidence including medical records documenting the injury, witnesses who saw the incident, any incident reports you filed, photos of the accident scene, and text messages or emails discussing the injury. See a doctor who specializes in workers compensation cases — they understand how to document work-related injuries properly. Consult a workers compensation attorney, most of whom work on contingency (no fee unless you win) and typically take 15 to 20 percent of the settlement. The appeal usually involves a hearing before a workers comp judge where both sides present evidence.
