Being injured at work can be extremely devastating, both physically and emotionally, as well as financially. When a Workers’ Compensation Board (WCB) claim is approved, many workers believe it will be a breeze, but then they get a notice of denial letter and are left wondering why. A denied claim may seem like the end of the world, but it’s not. Knowing why claims may be denied and what you can do to appeal the decision can help you get your benefits.
Experienced WCB lawyers Surrey can help you navigate the appeals process, ensuring that your rights are protected all the way.
Why Some Claims are Denied for WCB?
There may be several reasons for a claim to be denied through a WCB. Sometimes, it is not the injury that is not real, but it is because there is a lack of evidence or a procedure mistake.
1. Injury Delayed Reporting
One of the most frequent reasons for claims being denied is not reporting an injury in a timely manner. If you don’t report the injury to your employer or the WCB in a timely fashion, it can cloud the issue as to whether it was a work injury.
2. Poorly Documented or Inaccurate Records
When medical records, claim forms, statements or information are incomplete, missing, or conflicting, your claim may be denied. Good documentation is required to back up the case.
3. Lack of evidence that the injury was work-related
If your WCB claim is denied, it means that the WCB does not have enough evidence to prove that the injury took place while you were working. This frequently occurs when there are no witnesses and little evidence of injury in connection with work.
4. Pre-Existing Medical Conditions
If you have a pre-existing injury or medical condition, the WCB might be asking whether or not your workplace accident contributed to your current medical condition. More medical documentation is frequently necessary to prove that the incident happened at work made the existing condition worse.
How to Appeal a Denied WCB Claim
If your claim receives a denial letter, it does not mean your case has been closed. Many WCB systems offer an appeals process whereby injured workers can contest the decision.
The first step is to thoroughly read the denial letter to determine the reason your claim was denied. This will assist you in determining what evidence you need to support your request.
Then collect all the related paperwork, such as your current medical records, accident reports, the witness statements, and communications with your employer. When denying a claim, it is often the case that strong evidence can turn the tide.
Don’t miss appeal deadlines. Failure to file by the deadline may mean forfeiture of the ability to appeal the decision, even if you have a strong case.
Having the assistance of a WCB lawyer can significantly increase your likelihood of success. A lawyer knows the law, can make compelling appeal submissions, collects more evidence, and will represent you at hearings, if needed.
How a WCB Lawyer Can Help
Filing an appeal of a denied claim can be very stressful, particularly while you’re recovering from an injury. A WCB attorney will be well aware of the reasons for the denial and can find the flaws in your initial application and create a strategy to make your appeal more successful.
Your lawyer can also directly correspond with WCB, secure expert medical opinions, arrange supporting evidence and make sure all necessary documentation is sent correctly and on time. They can mean the difference between a positive result and not.
Final Thoughts
A denied WCB claim is not necessarily the final decision. There have been many instances when strong evidence and good representation prevail in the appeals process and claims are approved. Knowing these typical causes of claim denials can help you prevent costly errors and make sure you are on track to receive the compensation you deserve. When your claim is denied, having an experienced WCB lawyer on your side can help you through the appeals process with confidence and maximize your claim for benefits you deserve.
Lynn Martelli is an editor at Readability. She received her MFA in Creative Writing from Antioch University and has worked as an editor for over 10 years. Lynn has edited a wide variety of books, including fiction, non-fiction, memoirs, and more. In her free time, Lynn enjoys reading, writing, and spending time with her family and friends.
