Should You Appeal a Denial of a Workers’ Compensation Claim in Portland?
When you suffer what you believe was a work-related injury or occupational illness and you file a claim for workers’ compensation benefits, you expect that you will get the benefits you need for your medical treatment and to replace the wages you lose out on due to missed work. But when you receive notification that your claim has been denied, you may find yourself not knowing where to turn next.
Why Was My Oregon Workers’ Compensation Claim Denied?
A workers’ compensation claim might be denied for one of several reasons, including:
- The claim was not filed in a timely manner.
- The claim failed to include the required information.
- The claim lacked supporting documentation.
- The employee’s injury or illness was determined to not be work-related.
- The employee’s intentional or reckless conduct contributed to their injury or illness (for example, the employee was determined to have been under the influence of alcohol or drugs on the job).
- The applicant is not eligible for workers’ compensation benefits from the employer (for example, the applicant was classified as an independent contractor or as a volunteer).
Even though an employer or its workers’ compensation insurer may cite a reason for denying a claim, in some cases, they may be trying to wrongfully avoid their obligation to pay workers’ compensation benefits.
Reasons to File an Appeal of a Workers’ Comp Claim Denial
After your Oregon workers’ compensation claim has been denied, you may decide to file an appeal to try to get the benefits you believe you deserve. You may decide to pursue an appeal of your claim denial for one or more of several reasons:
- Your claim was denied due to insufficient information, which you can provide.
- You have acquired new information or evidence in support of your claim.
- You believe that your employer or its insurer overlooked information or evidence in your claim.
- You aren’t receiving certain benefits you believe you are entitled to (for example, certain treatments aren’t being covered, or you believe your wage replacement benefits weren’t properly calculated).
- You believe your employer and its insurer are trying to avoid liability for workers’ comp benefits.
How Our Lawyer Can Handle the Appeals Process
If you’ve had a workers’ compensation claim denied when you believe you are entitled to benefits, you need experienced legal representation on your side to help you pursue an appeal for the denial of your claim. Navigating the appeals process can be complex. Having a qualified attorney will give you the best chance of securing the benefits you deserve.
Our workers’ compensation attorney can help you through the appeals process by first identifying the reason or reasons why your claim was wrongfully denied in the first place. When your claim was denied due to insufficient information, our attorney can help secure additional information to boost your claim.
When necessary, our workers’ compensation lawyer can file a request for a hearing with the Oregon Workers’ Compensation Board to have your claim heard by an administrative law judge. If you still do not receive a favorable result, our attorney can help you continue to pursue the appeals process, including through the courts, if necessary.
Contact Our Attorney for Help Filing Your Appeal in Portland
If you or a loved one were injured on the job or have developed an occupational illness in Portland, and your workers’ compensation claim has been denied, contact the workers’ compensation law office of Jodie Anne Phillips Polich, P.C., today.
Call now to schedule a free consultation to discuss your rights and options for filing an appeal for the denial of your workers’ compensation claim.
Jodie Anne Phillips Polich has been serving the needs of injured workers since 1993 and has developed a statewide reputation for the quality of her work.