Avoid Denial of Workers’ Comp Claims: Tips from Your Denver Workers’ Compensation Attorney
April 12, 2016
It’s no secret that insurance companies don’t like to pay out money while employers want to keep their insurance premiums as low as possible. If they can dispute or deny your claim, they will. After all, they’re in business to make money, not pay you while you’re unable to work. However, you can expedite payment of the monies due to you after a workplace injury. Denver workers compensation attorney Mark A. Simon offers these tips:
Record witness names. Witnesses may be summoned to provide testimony supporting your claim. Be sure to collect the names and, if possible, contact information for all people who actually witnessed your injury when it happened.
Report the injury immediately. Don’t wait. Unless you are in a coma or have otherwise sustained serious injury that requires prolonged hospitalization, workers’ compensation in Denver is bound by Colorado law that requires the injured party to file a report, in writing, with his or her employer within four days of the injury. Failure to report the injury as quickly as possible may result in denial or delay of the compensation claim. Reports must be submitted to your immediate supervisor and to the local workers’ compensation office. Your employer should have forms for you to complete.
Get medical treatment right away. Again, don’t delay. If you fail to seek medical treatment, or simply delay seeking treatment, after an injury, the compensation insurance company will likely assume that you weren’t all that badly hurt. Remember to keep records of all diagnoses, treatments, tests, and costs for treatment.
Explain what happened. When you fill out the accident report form, do so accurately and completely. An incomplete, vague, or inconsistent report may result in denial of your claim. You need not go into exhaustive detail and gory description. Just be clear, consistent, and factual. If you are claiming compensation for an occupational disease due to repetitive motion, overwork, or other cumulative stress, be sure to describe the working conditions that contributed to the resulting damage. Don’t elaborate or embellish.
Approve limited medical authorization. If the compensation insurance company requests that you allow it to obtain copies of your medical records, consider the request reasonable, but limit your approval only the medical records and bills related to your injury. Any information beyond that does not pertain to your claim and should be denied.
Deny recorded statements. If the insurer asks that you allow a recorded statement of the accident and injury, deny it. Unless you have legal representation, a recorded statement will be used like the Miranda rule: anything you say may be used as evidence against you.
Follow through with medical treatment. If initial treatment of your injury requires follow-up appointments with your primary care physician or other specialists, be sure to keep those appointments and keep records of them. Missing such appointments and foregoing advised treatment may lead the insurer to believe that you really weren’t hurt all that badly.
Legal representation to ensure that employers and insurance companies live up to their obligations may be prudent. Contact Denver workers’ compensation attorney Mark A. Simon online or call for a free consultation to determine whether you need expert assistance in receiving the benefits to which you are entitled.