Legal Help: Workers' Compensation Denied After Getting Wrongfully Fired
Did you get laid off right after suffering a bad injury at work, and now your employer does not want to approve your claim for workers' compensation? Depending on what your claim was denied for, you might still be able to contest the decision and get workers' compensation with the help of a lawyer. The article below will explain how a lawyer can help you successfully contest your workers' compensation denial that occurred after getting fired without a good reason.
Assessing Why Workers' Compensation Was Denied
Before anything is done to help you get paid, you must show the workers' compensation denial letter to your lawyer. He or she will determine if the denial is for a legitimate reason or if you should move forward with contesting it. If you are being denied workers' compensation because you filed for it right after you were injured and laid off, it is likely that you still have a chance of getting the benefits. Your lawyer will simply determine if your employer unfairly laid you off in an effort to avoid having to give you the workers' compensation benefits. For instance, too many workers' compensation benefit claims by employees can lead to an employer having to pay a higher insurance premium.
Preparing a Sufficient Amount of Evidence
After determining why you were fired shortly after your injury, the lawyer will begin obtaining evidence to prove your case. One of the things that an employer might try to deny a claim for is if they assume that you were not actually injured on the job, or that the injury isn't as severe as you proclaim. To prove such an incident, your lawyer will need you to provide a statement from your physician that confirms the severity of your injury and how it likely happened. He or she will speak to your coworkers to find out if they witnessed the injury. Unfair workers' compensation denials of past employees of the company will also be investigated to discover if it is something that is commonly practiced to keep the insurance premium low.
Settling the Dispute Through the Appeals Process
A lawyer will begin the process of settling your workers' compensation claim denial by attending a hearing in front of a judge. However, he or she might try to settle the dispute before going through a hearing by speaking directly to your employer. The dispute can turn into a drawn-out court case if your employer does not cooperate. Contact a workers' compensation lawyer as soon as you can.
For a workers' compensation lawyer, contact a law firm such as Hardee and Hardee LLP.