What to do if your Arizona worker’s comp claim was rejected
Arizona requires all employers to carry workers’ compensation insurance to cover workplace injuries, illnesses and accidents, regardless of fault. A successful claim can help pay for an injured worker’s medical expenses and lost wages.
Unfortunately, not all workers’ comp claims are accepted.
A denied workers’ comp claim can be discouraging, but it doesn’t have to be the end of the road for your case. You can still make an appeal with the Industrial Commission of Arizona (ICA). If you have experienced a denial of your workers’ compensation claim in Arizona, you should immediately contact our office to discuss your legal rights and get help navigating the complex appeals process.
Professional legal representation is important to protect the time limitations on filing an appeal. It must be filed within the time limits, or your appeal will be rejected. Also, you may be required to respond to strict deadlines during the protest period.
It’s important to contact us immediately and not wait until your situation may become irreversible. The clock is ticking!
Our experienced attorneys know the ins and outs of the workers’ compensation process and will prepare your case effectively.
This may include presenting evidence that causes the insurance carrier to reverse its decision and accept the claim without having to go through the lengthy hearing process. If your appeal is accepted, you may be entitled to receive retroactive income and medical benefits.
Why Was Your Workers’ Comp Claim Denied?
Receiving a claim denial is a heart-wrenching experience which can leave you confused and unsure of your rights. You may be wondering what basis they have to deny your claim. In other words, why? Although not always justified, claims are commonly denied for one or more of the following reasons:
Employer Dispute
Your employer may have disputed the facts surrounding your claim.
Late Reporting
Your injury wasn’t immediately reported to your employer or supervisor.
Missed Deadline
Your claim for workers’ compensation benefits wasn’t filed in a timely manner.
Employee Misconduct
Your employer or insurer has reason to believe drinking or drugs contributed to the injury.
Pre-Existing Condition
You have a pre-existing health issue that the insurer believes to be the true cause.
Independent Contractor
You’re a freelance contractor and not eligible for regular employee benefits.
Off-Site Accident
The injury occurred away from the jobsite or office, so it’s difficult to determine if the injury was job-related.
No Witnesses
There were no eyewitnesses or coworker present to see your workplace accident and backup your version of events.
If your claim was denied for any reason whatsoever, you should immediately seek legal advice and begin the protest process.
Arizona Workers’ Compensation Guide
FREE E-BOOKWhat do you do if you’re injured on-the-job? Our free guide contains knowledge to help the injured worker understand the workers’ compensation application process.
Why Hire an Attorney to Handle Denial of Workers’ Compensation Claims?
For starters, if you decide to challenge a workers’ comp claim denial, you should know that your employer and their insurer will likely have their own attorneys present at the hearing.
By hiring your own attorney, you can ensure your rights are fully protected and that your lack of knowledge about the legal process isn’t unfairly used against you to deny compensation.
At the Law Offices of Robert E. Wisniewski, we understand that a claim denial can be stressful for you and your family. Let us help you successfully navigate the complex legal process and fight to get you the compensation you deserve.
Although our main law office is located in Phoenix, our lawyers handle workers’ compensation claims throughout Arizona.
Why hire our Arizona workers’ comp lawyers?
- We understand the special needs of an injured worker
- Trained and helpful staff
- Personal attention to clients
- Calls promptly returned
- Clients kept up-to-date on case
- State-wide service
- Aggressive & experienced representation
- Hablamos español
Questions and answers about compensation for a job-related accident, injury or illness in Arizona
How to Appeal a Workers’ Comp Claim Denial
If you wish to appeal a workers’ compensation denial, you or your attorney must file a Request for Hearing form within 90 days of the date of the denial notice. If you miss this deadline, your claim will remain permanently denied regardless of whether the denial is just or not.
An ICA workers’ comp judge will preside over the hearing, usually within three months of the request. The judge will listen to the arguments and evidence given by your employer or their insurer’s lawyers, then your attorney will have a chance to present your reasons for contesting the denial. If the judge doesn’t rule in your favor and upholds the denial, you may be able to take your appeal further by filing another protest within one month after the initial hearing.
Unmatched Dedication
“Mr. Wisniewski is the best lawyer that I have ever had the pleasure of working with and knowing. His dedication to me as a client has been unmatched. He is kind, caring, empathetic, and genuinely concerned about others. My life was restored after working with him and I was able to heal and continue teaching because of him.” – N.A.
Mr. Wisniewski has been recognized as the premier workers’ compensation lawyer in Arizona. He is the only claimants’ attorney recognized as a Fellow of The College of Workers’ Compensation.
"It costs no more to hire the best."
