If you get hurt on the job, you can usually expect to get workers’ compensation. You just need to report your injuries to your employers and let the bureaucratic process play out. However, sometimes this process does not go your way and the insurance company finds a reason to give you fewer benefits than expected or outright deny your claim. You have options when this happens though, and a Memphis work injury lawyer from our firm can help you.
What Do I Do if My Workers’ Compensation Claim is Denied?
Your employer’s workers’ compensation insurer should get back to you soon after you make your report. If they give you the benefits you are looking for, great. If they do not, then you need to start looking for ways to appeal this decision.
The first step is to simply reach out to the insurer. Sometimes you can have a conversation with the adjuster and get the benefits that you need. If this does not work, then filing a Petition for a Benefits Determination with the Tennessee Bureau of Workers’ Compensation is your next step. You will be given the chance to work with a mediator who can talk to you and your employer about finding a solution. If you can find a solution in mediation, then you do not need to go in front of a judge.
Do I Need an Attorney During this Process?
Having an attorney during all of this is not required, but we recommend it. An experienced lawyer can do a lot to make this progress go more smoothly. They are probably better at negotiating with insurers than you are, so they might be able to get you your benefits after that first call with an insurance adjuster. An attorney can also help you make your best case during mediation. Their knowledge can come in handy at every stage of this process.
There is also a lot of paperwork that needs to be tracked and critical deadlines to remember. A lawyer can help ensure that you do not forget anything important.
What if an Agreement Still Cannot Be Reached on My Workers’ Compensation Claim?
When a solution cannot be found after mediation, you can make a request for a compensation hearing in front of a judge. If you have not involved a lawyer in this process so far, this is the time to seriously consider hiring an experienced workplace injury attorney.
The judge will issue a decision. If you do not like it, you have one more option. You can appeal the decision to the Workers’ Compensation Appeals Board or you can go directly to the Tennessee Supreme Court.
Contact Our Law Firm Today
When you need help with appealing your workers’ compensation decision, just know that you do not have to go through this on your own. Contact Ballin, Ballin & Fishman, PC and schedule a free case evaluation with our team. We can tell you more about what a lawyer can do to assist you.
