After you’re injured on the job, one of the things you’ll want to do is seek out workers’ compensation. Unfortunately, not all insurance companies want to pay out the benefits you deserve, and they may only give you partial benefits or reject your claim altogether.
You don’t have to accept that outcome, especially if you haven’t yet looked into your legal rights. You should be aware that the insurance company is looking out for its own interests, which includes saving money on claims. Insurance companies may also make mistakes or intentionally try to take advantage of you.
You maintain the right to appeal a decision about a claim
You do have the right to appeal a decision about a claim that you don’t agree with, so long as you do so within the statute of limitations. You should get the initial decision within one to two weeks of your submitted claim. You’ll then need to file a Form 110- Employee Claim document with your supporting documents to the Department of Industrial Accidents to seek an appeal.
What do you need to have to appeal your workers’ compensation claim?
To appeal your workers’ compensation claim, you will need some information, such as:
- The first full calendar day of missed work
- The fifth calendar day of missed work
- Information about the benefits you are looking for
- The length of time you’re expected to be out of work
- The name of your treating physician
- How you were injured and where
- The name of your workers’ compensation carrier
- The date of your initial treatment
You should also provide additional documentation, such as medical reports, accident reports, witness names and contact information, witness statements and unpaid medical bills.
Putting together an appeal with all of this information helps you show that you’ve done your due diligence and have collected all the necessary data for your claim to be approved. The Department of Industrial Accidents will review the information to determine if you need to meet with a conciliator. The conciliation meeting is between you and your insurer to discuss your claim, which is why it’s smart to understand your legal rights before attending.