Learn About Denied Workers Compensation Claims in Oregon
Once your claim is denied, it’s important that you retain a workers’ compensation attorney as soon as possible. A workers’ comp attorney has the resources and skills needed to save you time and money during the dispute process. Not only that, when you choose Mark Thesing services, you’ll enjoy personalized, one-on-one attention for the duration of our time together.
How You’ll Know Your Claim Was Denied
Denied personal disability claims in Oregon, can be disheartening. However, when it happens, you’ll at least know the reason why. You will receive a letter with the denial, or a partial-denial, and an explanation detailing the reason for the denial. You will have 60 days from the date on the denial to appeal to the Workers’ Compensation Board by letter or fax. A Notice of Hearing will be mailed to you once the board has set your hearing date.
An insurer must accept or deny a claim within 60 days, as well as notify the Oregon Workers' Compensation Division within 14 days of acceptance or denial. They will send a Notice of Acceptance letter to you along with the medical conditions accepted under the claim.
Frequently Asked Questions
Q. My workers’ compensation claim was denied. What do I do now?
A. Your next step should be retaining an experienced workers’ compensation attorney that can help you appeal your denial and get your case accepted or settled.
Q. How much does it cost to retain a workers’ compensation attorney?
A. Contrary to popular belief, retaining a workers’ compensation attorney is free. If you win, the attorney is paid by your insurance company.
Q. Why was my workers’ compensation claim denied?
A. There are many reasons for denied workers’ compensation claims. The most common is when an insurance company doctor conducts an independent medical examination, or (IME), and concludes that a worker’s injury is old and not new.
If your doctor thinks that the injury is new, the worker is entitled to a free new expert opinion in the form of a worker-requested medical exam (WRME). This report is almost always the final word on whether the injury is new or old.
Q. How likely is it that I’ll have to appear in court?
A. 49 out of 50 cases are resolved without going to court.
Contact my office as soon as your workers compensation claim is denied to start planning your next steps. Legal services are available for residents of Oregon.