Serving clients in Fayetteville and all of NW Arkansas
When you are injured and unable to work because of a workplace accident or work-related condition, the last thing that you want to hear is that your workers’ compensation claims have been denied. Workers’ compensation is put in place to help injured workers continue to support themselves and their families after an injury. When you are denied the benefits you deserve, it can be extremely frustrating.
Fayetteville workers’ compensation denial of benefits lawyer Ken Kieklak fights to help injured workers and their families get the coverage they need for medical bills and lost wages. If you were denied benefits, taking your case to a workers’ comp. lawyer may be your best chance and recovering the benefits you and your family need. For a free consultation on your case, contact Ken Kieklak, Attorney at Law today at (479) 251-7767.
Why Would a Workers’ Comp. Claim Be Denied?
The Arkansas Workers’ Compensation Commission (AWCC) and various workers’ comp. insurance companies are always on the lookout for fraudulent claims. Because of this, these groups may be very careful about when they actually grant workers’ comp benefits. If your workers’ comp. claim is denied, it’s usually for one of a few reasons.
Workers’ compensation only pays benefits for injuries that are work-related. People injured in non-work accidents may try to pass their injuries off as something that happened at work or because of work conditions. This may not always amount to fraud, but it will often end in a denial. In some cases, the employer disputes the worker’s claims. This may be to avoid having to pay for injuries or because they honestly believe the injury is unrelated to your work, but proper documentation and monitoring of your injury or condition can often prove your employer wrong.
Workers’ comp. may deny claims for certain conditions. Even if the condition is “work-related,” the AWCC may not consider it a condition that you can claim workers’ compensation for. If your condition was misdiagnosed or could also fit under another qualifying condition, you may deserve to qualify for coverage. Having a lawyer help you with your forms can help ensure that your application is not denied for problems like this.
Specific benefits may also be denied if you fail to follow the procedures and rules for workers’ compensation coverage. For instance, many medical benefits for workers’ comp. require you to use the doctor that your employer or their workman’s comp. insurance chooses, or to seek preapproval before getting treatment. If you use another doctor for non-emergency treatment or get procedures performed without pre-approval, you may be denied compensation later.
Fighting a Workers’ Comp. Denial
Filing an appeal is a complex process. Often, when dealing with government bureaucracy, there are multiple slowdowns and holdups that prevent clear and open communication with applicants. Appealing a denial can be frustrating, and having an attorney represent you on your case can often help move things along.
First, your appeal may have deadlines you must meet. Appeals often have a limited window of time where you can enter an appeal. Failing to get your appeal filed within that time may mean losing the opportunity to get workers’ comp. benefits entirely.
Arkansas’ system may place your case before a judge, where the case will have many of the same features of a trial or court case. An attorney accustomed to appearing in court and working in front of a judge can help with these hearings.
Often, evidence of your claim, including medical records and witness testimony, may be allowed to bolster your case. Work with your attorney on gathering this evidence and allow them to prepare it in a format suitable for in-court presentation.
Preparing the evidence for court may require seeing other doctors to show your condition is related to your work. If the problem is that the Workers’ Compensation Commission does not believe that your condition was work-related, you may need to have a doctor examine your condition and its causes to testify that it is related to your work. In cases of cancer and other ongoing conditions, it may be difficult to prove the link between your work and your condition. However, you may be able to have experts like physicians and scientists testify on your behalf to help prove the link between your job and your condition.
Fayetteville Workers’ Comp. Denial Attorney
Fayetteville workers’ compensation denial lawyer Ken Kieklak represents injured workers and their families on workers’ comp. cases in Arkansas. If you or a loved one’s workers’ comp. benefits were denied, it is important to contact a lawyer about your case. For a free consultation on your denial appeal, call Ken Kieklak, Attorney at Law today at (479) 251-7767.
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