The frustration following a workers’ compensation benefits denial can be overwhelming. In addition, receiving a rejection from your employer can be disheartening and cause you to question whether you should continue to pursue compensation.
However, speaking with a Middletown workers’ compensation denial lawyer could help motivate you to fight for the benefits you deserve. Do not allow this initial setback to dictate how your compensation claim ends. Instead, contact a knowledgeable workers’ compensation attorney at Doroshow, Pasquale, Krawitz & Bhaya to learn more.
Receiving a Denial of Employee Benefits
After a workplace injury, informing your employer is a vital first step toward seeking compensation. In some states, written notice of an injury is mandatory. Unfortunately, reporting the injury to an employer does not always guarantee benefits. Once you report the injury, employers and their insurance carriers may deny your claim. Often, insurance carriers argue that benefits should not be awarded because an employee did not sustain the injury at the workplace. This defense can prove more complicated with occupational diseases. Rather than proving that the injury occurred while the employee was at a specific location, occupational disease cases require showing that the disease was directly related to a person’s job duties, such as inhaling toxic fumes.
In addition to arguing that an injury did not occur at work, employers and insurance carriers often state that your harm resulted from a pre-existing condition and did not result from job-related duties. This argument sounds logical, but it is not actually a defense under Delaware law, so if you are an employee who was injured in the workplace, you should discuss the specifics of your case with a dedicated attorney in Middletown, as an aggravation of a pre-existing condition could still be covered by workers’ compensation in certain circumstances and not grounds for a denial of benefits.
How Can You Petition for Workers’ Compensation Benefits After a Denial?
If you and your employer cannot agree and reach a settlement regarding benefits, you can still file a Workers’ Compensation Petition with the Delaware Workers’ Compensation Office, but certain time restraints apply if you file a petition directly with the Office. For example, if you were hurt on the job, you have two years from the date of that injury to file a petition for workers’ compensation benefits. Eligible injuries that should qualify for workers’ compensation benefits include:
However, if the compensation claim is related to an occupational disease, you have only one year from the time you discovered that the conditions of your workplace likely caused the illness. Therefore, it is vital that you reach out to an experienced benefits denial lawyer in Middletown to help you with your workers’ compensation claim.
How an Attorney Can Help You With Workers’ Comp Denials
If an injured party files a petition for workers’ compensation benefits to appeal the denial, a hearing will be scheduled before the Industrial Accident Board or a Hearing Officer. A hardworking attorney in Middletown can help workers navigate these workers’ comp claim denial hearings, as they often involve expert testimony from medical professionals. Given the fee associated with medical experts, it can be tempting to forego a lawyer. However, soliciting expert testimony can be difficult without a legal representative.
Likewise, the burden of proof in these hearings rests on the party that filed the petition. Therefore, you and your legal counsel must present evidence that meets the conditions for compensation rather than defending allegations.
Reach Out to a Workers’ Compensation Denial Lawyer in Middletown For Help Today
An experienced Middletown workers’ compensation denial lawyer can provide the expertise you need to succeed at a workers’ compensation hearing. In addition, the benefits provided through workers’ compensation can make a life-altering difference in your long-term care.
If your employer denied you your right to workers’ compensation benefits, reach out to our attorneys at Doroshow, Pasquale, Krawitz & Bhaya for help today. By scheduling a consultation, you can take the first step in fighting for the benefits you deserve. Contact our compassionate legal team today to get started.