Workers who are hurt on the job in MN often assume that any workers’ compensation claim they file is going to be approved and paid as per the guidelines. Unfortunately, many injured employees find out the claims process is not as straightforward as it is often described, and there is always the risk of a denial of the claim.
The important thing to remember is the denial is just a step in the process. There are different levels of appeals to go through, and hiring a workers’ compensation attorney is the best way to give yourself the legal representation to get the best possible settlement.
Gathering Evidence
One of the primary factors to trigger a denial of a claim is a lack of the required documentation to prove the medical issues related to the injury. Having an experienced workers’ compensation attorney review the evidence and documentation can often correct this deficit and lead to a quick resolution of the claim.
In some cases, the attorney may recommend seeing a specialist to verify or validate the medical treatment required and the significance of the injury. This can be a difficult situation if the injury is in question by the employer, if the employee had a similar pre-existing injury or if the injury is a result of exposure to dangerous chemicals or working conditions as opposed to a single, specific incident.
Preparing for Appeals
It is not uncommon for appeals to get to the hearing level. In these situations, the workers’ compensation attorney prepares the case to present to the judge. This includes helping the injured person to understand the process and prepare for testimony. The attorney may also choose to bring in expert witnesses and medical experts to further support the claim.
There is also the option to move the case through to the Minnesota Supreme Court if the case is not found in favor of the injured employee through the administrative hearing or the Minnesota Workers’ Compensation Court of Appeals.
