Denied Workers’ Compensation Claims in Des Moines
Speak to an Experienced Workers’ Compensation Appeals Attorney Today
It is not uncommon for workers’ compensation claims to be denied in Iowa. In fact, many employers and their insurance companies dispute or deny rightful claims in an effort to avoid making payouts. They may try to argue that your injury is not work-related, that you were solely to blame for the accident that caused your injury, or that you had a preexisting injury or illness. In any case, receiving notice that your workers’ compensation claim has been denied is stressful and leaves you wondering how you will be able to afford your medical treatment and daily expenses while you are out of work.
If your workers' compensation claim has been denied, you may be wondering what rights you have and what you can do about it. At King Law, PLLC, Attorney Mark King can assist you in determining why your claim was denied and how you can go about appealing the denial and seeking the rightful compensation you deserve. As an accomplished Des Moines workers’ compensation appeals attorney, Attorney King is ready to fight tirelessly for you.
Common Reasons Workers’ Compensation Claims Are Denied
There are a number of reasons why workers' compensation claims can be denied. It is important that you have a workers' compensation attorney on your side to guide and represent you through the initial filing process in order to lower the likelihood of your claim being denied. Attorney King of King Law, PLLC can ensure that you have everything in order to have the best chance of preventing a denial and obtaining benefits.
However, even when everything is filed correctly, you could still face a claim denial.
A few examples of the common reasons workers’ compensation claims are denied include:
- Failing to report your injury in the specified timeframe (90 days)
- Failing to report an accurate health history
- Failing to file your workers’ compensation claim within two years
- Intoxication on the job
- Horseplay in the workplace
- A preexisting history of medical treatment or injury at the same body part
- Mistakes on the various forms filed
Often, employers claim that an accident never happened or that it happened in a different way than you described. The more information and details you have, the better your chance of successfully proving your case. It is important that you try not to raise any red flags with your employer or the insurance company, as they are already biased against you. Follow all necessary steps and, if necessary, work with an attorney to avoid having your claim denied.
Contact King Law, PLLC for a Free Consultation
If your claim was denied or you are concerned that your employer or their insurance company may not accept your claim, King Law, PLLC can help. As an accomplished and experienced Des Moines workers' compensation lawyer, Attorney King can go over the details of your case during a free initial consultation. He works on a contingency basis, so you do not have to worry about payment unless he is successful in recovering compensation for you.
If your claim is denied, you may appeal the decision with the help of a Des Moines workers’ compensation appeals attorney.
There are several steps required in appealing a denied workers’ compensation claim in Iowa, including:
- File a contested case petition with the Iowa Workers’ Compensation Commissioner (WCC)
- Send a copy of the contested case petition to your employer’s insurance company
- Agree on a hearing date with the insurance company and send a request to the Iowa Division of Workers’ Compensation for the hearing
- Prior to the hearing, attempt informal dispute resolution via direct contact with the insurance company (assistance may be granted from the Workers’ Compensation Compliance Administrator)
- If direct contact with the insurance company is not successful, schedule an informal mediation meeting with the Workers’ Compensation Compliance Administrator and the insurance company
- If mediation is not successful, attend an administrative hearing before a Deputy Workers’ Compensation Commissioner (this hearing is similar in nature to a trial)
- Receive a decision on your case from the Deputy Workers’ Compensation Commissioner (either granting you benefits or upholding the initial denial)
- If necessary, you can appeal the Deputy Workers’ Compensation Commissioner’s decision with the Workers’ Compensation Commissioner within the appropriate timeframe
Further appeals can be made, though this is relatively rare.
It is extremely important that you work with an attorney who understands the Iowa workers’ compensation appeals process and who can protect your best interests throughout appeals proceedings.