November 11, 2011

How to Appeal a Workers' Compensation Denial

So, you were injured at work and you have now received a denial in the mail and are wondering what to do.  The denial will be in the form of a letter and will look something like this:

Dear Ms. Smith, 
After investigating your claim for an injury to your low back occurring on January 1, 2011, we are denying your claim for workers' compensation benefits....

Below this will be language in bold caps explaining how to appeal the denial.  However, that language can be a little confusing.  The most important thing to remember is that you have 60 days from the mailing date of the denial to appeal.  You can technically appeal it on your own, but it is much smarter to retain a workers' compensation attorney.  Oregon law requires that workers' comp attorneys work on contingency, which means they are not paid unless they obtain additional workers' compensation benefits for you.  The attorney fee will not come out of your benefits when the attorney helps you overturn a denial.  Because it will cost you nothing to have an attorney help you with your workers' compensation denial, it is very likely worth it to retain one.

If you would like to talk to an attorney, or have any questions about appealing your workers' compensation claim denial call the Alana C. DiCicco law firm at 503-975-5535 or post a response to this blog.  All consultations with workers' comp attorneys are free.  More information can also be found at www.oregonworkinjury.com

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