Attorney Handling Workers' Compensation Denial Appeals
Handling Workers' Comp Denials
By Texas law, an injured worker is entitled to income and medical benefits if the worker's injury falls under the guidelines provided by the Texas Department of Insurance. If you were injured during the course of your employment but your claim was denied, you have the right to appeal the decision in order to obtain your benefits. By retaining the services of an experienced workers' compensation attorney, you can pursue the benefits you are entitled to through the aggressive approach of the attorneys at the Malaise Law Firm in Houston.
For your claim to be denied, your employer or someone at your employer's workers' compensation insurance company must have determined that your injury was either not work related, did not occur at all or was somehow fraudulent. Workers' compensation laws are very complex and need a skilled workers' compensation lawyer to investigate the particulars of your accident to determine what is needed to appeal the denial and request a reinstatement of your benefits. Oftentimes a misrepresentation on someone's part can lead to a denial, when a closer examination of the facts will show that the accident and injury were indeed work related.
Texas Law provides you an opportunity for a review meeting called a Benefit Review Conference, formal hearing, and appeal within the workers' compensation commission if you and your employer, or your employer's insurer, cannot resolve a dispute. Normally a workers' compensation claim can also be appealed beyond the workers' compensation commission to a reviewing court.
The Workers' Comp Appeals Process
Our knowledgeable attorneys from the Malaise Law Firm will attempt to negotiate with your employer or their workers' compensation insurance company to reinstate your benefits following our investigation. If that fails to have your benefits reinstated, our office can request a Benefit Review Conference, in addition to formal hearings and an Appeal, if necessary. By careful preparation, our legal staff can have your case properly documented in order to request that your benefits be provided, and in some cases, even obtain additional benefits on your behalf that you were eligible for and did not receive. Without the legal expertise of a professional, the liklihood of you winning an appeal are slim. Our office has years of experience in workers' compensation law and has helped hundreds of employees with their work related claims. For a free initial consultation, contact our office today.
If your workers' comp claim has been denied, let our office help with an appeal; contact a workers' comp attorney from the Malaise Law Firm to discuss.