Working Through a Denied Workers’ Compensation Claim in Oregon
If your workers’ compensation claim benefits have been denied, it’s in your best interest to understand the steps you can take to get medical treatment for your injuries. The workers’ compensation system is complex, and your claim could potentially get turned down for various reasons. It’s important to remember that even if you don’t know the reason that your claim is denied, you have the right to appeal the decision.
Once your claim has been denied, it’s imperative you retain an experienced workers’ compensation attorney as soon as possible. Turn to Mark Thesing Inc. You can rest assured that I have the resources and skills needed to help you dispute your denied workers' compensation claim in Oregon. Not only that but as your dedicated workers’ compensation attorney, I’ll work tirelessly to provide you with the individualized attention that’s deserved.
How to Know if Your Workers’ Compensation Claim Was Denied
When personal disability claims get denied, it’s unquestionably disheartening. However, when it happens, you’ll be given legal notice as to why. You should receive a letter with the denial, or a partial-denial, and an explanation detailing the reason for it. Afterward, you’ll have 60 days from the date of the notice to send an appeal to the Workers’ Compensation Board by letter or fax. A hearing notice will be mailed to you once the board sets your hearing date.
Your insurer must accept or deny a workers’ compensation claim within 60 days, as well as notify the Oregon Workers' Compensation Division within 14 days of their decision. They will send a notice of acceptance letter to you along with the medical conditions accepted under their 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.