Long Term Disability Appeal

An illness or injury that leads to long term disability can have a tremendous effect on the financial situation of a struggling family, especially if the injured or ill worker’s application for benefits gets denied or if a claimant is awarded a minimal amount by his/her insurance provider. And, though, in most states, providing workers’ compensation benefits to workers is mandatory to certain employers, this is never an indication that these same employers will approve their injured employee’s intent to file a claim.

Besides the discovery of fraudulent claims in the past, wherein employees were found to fake disability or illness for financial gains, many employers have become biased in treating claims since they are inclined to immediately consider most injuries as neither serious nor valid. This is especially true concerning injuries that are caused by inexplicable pains, such as back pain, which may be very hard to verify through x-rays, nerve conduction studies or other medical examinations. An employer’s refusal to support an employee’s claim, however, should never deter an employee from pursuing or appealing his/her claim.

When filing a claim with the Workers’ Comp, the first step required is informing one’s employer about the injury or illness; this should be done within 30 – 45 days after the accident occurred or after the illness was discovered. An injured worker who has been notified (through writing) by his/her employer, or the company’s insurance provider, of the denial of his/her request to file a claim, can request the state Workers’ Comp board for a hearing – this can be more effectively accomplished through the help of a competent disability claims appeal attorney.

Sustaining a job-related injury or developing an occupational illness gives a worker the full right to file a claim to protect himself/herself; an employer’s thoughts regarding the legitimacy of the worker’s injury is no longer relevant. An employee should neither worry about the possibility of being retaliated upon by his/her employer too if he/she decides to pursue with his/her application despite his/her employer’s denial (there are federal and state laws that will protect the employee from any acts of retaliation).

Long-term disability claims, it is true, are often denied by insurance companies, requiring many claims to go through an appeal process. A long-term disability lawyer can review the details of a claim, identify the reasons why it was denied, and help a claimant build a successful appeal.

Leave a Reply

Your email address will not be published. Required fields are marked *