Warehouse workers face many hazards while on the job, and they commonly sustain injuries at work. Every day, they operate large machinery, including forklifts, high shelving units, pallets, and conveyor belts. This machinery can be dangerous, especially when an employer does not ensure that employees follow the necessary safety rules and regulations.
However, warehouse employees also commonly suffer from arm and wrist injuries, repetitive motion damage, and overexertion. While most workers in this state are eligible to collect workers’ compensation benefits after an injury on the job, the process is complex. If you need help after being denied payments by an employer, a Middletown workers’ compensation appeals lawyer could assess the reason for the denial and help you challenge this decision.
The Common Reasons for Workers’ Compensation Denials
Although warehouse employees can collect workers’ compensation benefits after sustaining injuries while completing job duties, it is not uncommon to receive a denial of benefits. An employer might deny a claim if:
- The employer or insurer disputes that the team member suffered the injuries while at work
- The worker refuses or fails a drug and alcohol test after the incident
- The team member did not report the incident or illness to the employer right away
- The team member’s actions at the time of the incident were hazardous
- The injury occurred during a dispute with another team member
However, refusal does not mean one is not eligible to collect payments. Instead, workers can appeal an employer’s denial to secure the payments they deserve. If an employee needs to file an appeal for worker’s benefits, a hardworking Middletown attorney can review the denial and determine what the best plan of action is for the plaintiff.
Filing an Appeal for Workers’ Compensation Benefits
If the injured worker receives a denial or cannot agree with their employer about the amount of benefits, they can file an appeal by submitting a Petition to Determine Compensation Due. The injured worker must file the petition to appeal within two years from the date of injury or knowledge of the illness.
Both parties will also need to file a pre-trial memorandum with the Office of Workers’ Compensation and attend a pretrial scheduling conference. Finally, both parties will present their reason for disputing and evidence to support their statements. It is always in the injured employees’ best interest to reach out to a skilled Middletown lawyer for help when appealing a worker’s compensation denial.
What Evidence Does One Need to Appeal for Worker’s Compensation?
A decision on the worker’s compensation petition will be made after a full hearing before the Board. Board members may also choose to complete an inspection of the premises where the team member sustained injuries. The board may or may not notify the business owner of this assessment.
The Department of Labor might also ask for other employee records for review before making the final decision on the appeal. A knowledgeable worker’s benefits appeal lawyer in Middletown can help collect any relevant evidence and strengthen a plaintiff’s claim.
What a Workers’ Compensation Appeals Attorney in Middletown Could Do
If you applied and received a denial for workers’ compensation benefits after being injured in a warehouse, that does not mean you are ineligible to recover payments. There are many reasons an employer or insurer may deny benefits, but a knowledgeable legal professional can help you navigate the appeal process.
A Middletown workers’ compensation appeals lawyer can prevent unnecessary delays in your claim and help you get the compensation you need to get your live back on track. Call Doroshow, Pasquale, Krawitz, and Bhaya now to schedule a consultation.