You were injured on your job in San Antonio, and because your employer participates in workers’ compensation, you filed a claim for payment. A few days pass before you receive notice that your claim is being denied. When you find yourself in this situation, what are the next steps for denied workers’ compensation claims in San Antonio?
Many workers in San Antonio are unaware that when filing a workers’ compensation claim, your employer has 15 days to either start paying or give you notice that the claim is denied. There are any number of reasons a claim may be denied. From asserting the injury was not related to work to suggesting your injury is the result of a pre-existing condition to alleging you are making false claim, it’s not at all uncommon for an employer to try and avoid paying workers’ compensation benefits.
You can try to appeal the denial on your own, but this requires a thorough understanding of workers’ compensation law and the appeals process. Hiring an experienced attorney is the first and best step to recovering compensation; after that a few more things need to happen.
Next Steps for Denied Workers’ Compensation Claims in San AntonioA San Antonio work injury accident attorney has the experience you need to ensure your rights are protected against employers attempting to avoid their responsibility to you. As stated, the appeals process is complicated. It will involve substantiating your injuries and treatment. There may also be a number of hearings required as part of the investigation. An attorney can be a powerful voice for you throughout the entire process and won’t be intimidated by employers’ insurance representatives or their corporate lawyers.
Among the first steps in the appeals process is a Benefit Review Conference. During this meeting, representatives from an employer in San Antonio and the injured party come together to explain their understanding of what happened to cause the injury. While the goal is to reach agreement, this is still an opportunity for the employer and their attorneys to take advantage of the situation and persuade an injured worker to accept a lower payment than they might otherwise receive.
If the Benefit Review Conference is unsuccessful, the case may go to arbitration or may be taken before other panels for review. These meetings can be time-consuming, and without the advocacy of an experienced attorney working on your behalf, you may unknowingly jeopardize your settlement. This is where a San Antonio workers’ compensation lawyer from Carabin Shaw can help.
When claims are unjustly denied, Carabin Shaw’s attorneys can help bring irrefutable proof to the table in a lawsuit against the workers’ compensation insurance agency. Our team has the experience and resources to stand up against agency representatives and legal teams, and we can even secure compensation that exceeds the original claim to account for pain and suffering caused by a delay in benefits.
Reach Out to Carabin Shaw for HelpAt Carabin Shaw, our San Antonio work injury accident attorneys understand the appeals process for workers' compensation claims. Our attorneys aren’t intimidated and are always prepared for anything that may arise, because our priority is the rights and wellbeing of our clients.
If you have been injured at work, been denied just benefits, and are wondering what the next steps for denied workers’ compensation claims in San Antonio are, call our office. One of our lawyers will meet with you for a free initial consultation. We’ll listen to you, review the details of your case along with any medical bills and treatment, then we will go to work making sure your appeal is accepted.
As always, we never charge our clients any fees until we win their case, and we’re confident we will win for you. Call us today in San Antonio at 210.222.2288 or toll-free at 1.800.862.1260.