If your employer's insurer has denied your workers' comp claim, that doesn't end things. You have the right to pursue benefits through the Missouri Division of Workers' Compensation (DWC) even after a denied workers compensation claim. In addition, you may have the option to bring a personal injury claim against a third party. The best way to find out where you stand and what all your options are is by talking with an attorney. How to Deal With a Denied Workers Compensation Claim Getting an Attorney You have the right to consult or retain a lawyer at any stage, and while having legal representation isn't required, it's common and especially helpful once benefits are denied or disputed. Employers and insurers are generally required to have legal counsel at docket settings, and if they have a lawyer, you should, too. Having a lawyer is particularly useful when: The case is denied Tests or surgery your doctor recommends are denied or cancelled Your doctor has restricted you from work, but you're not getting any weekly benefits You're feeling intimidated or confused You've been fired or are being harassed over the injury There's interaction with Social Security, Medicare, or Medicaid benefits You need to make a permanent total disability claim The employer isn't insured There's unpaid medical bills sitting around Any time your case requires an evidentiary hearing How Your Attorney Will Go to Work Attorneys who regularly handle workers' compensation claims will normally offer free initial consultations and then take cases on a contingency-fee basis. What that means is there are no retainer or hourly payments required up front. Instead, the lawyer will only get paid once they successfully prosecute your claim. Your lawyer will review the denial letter, all your medical records, the accident reports, your salary or wage information, and all other documents you provide. Then your lawyer will handle the Claim for Compensation filing and any subsequent requests for conferences, mediation, hardship hearings, or final hearings. Perhaps best of all, your attorney takes over all communication with the insurer and the government, so you don't have to negotiate directly or deal with the stress of all this. In addition, your lawyer: Gathers supporting evidence (including independent medical evaluations or expert opinions where necessary) Prepares you for testimony Represents you at mediations, pre-hearings, and evidentiary hearings Manages the appeal window Negotiates settlement proposals Personal Injury Case Typically, you can't bring a personal injury claim in a workers' compensation case, but there are some limited exceptions. If your employer or another employee deliberately tried to hurt you, then the employer can't hide behind workers' comp. This can be very hard to prove, but if you suspect it, talk to your attorney. You can also bring a claim against a third party if someone else was involved who was not your employer. If you've been injured on the job, talk to Spooner & Perkins Attorneys at Law in Parkville, MO right away to set up a free consultation on your case. We provide help to workers across Missouri and Kansas.
