Workers comp denial
 

I just found out that my workers comp has been denied after 3 months. "no substantiating evidence" was the reason. I need to file an appeal and I think I should get a lawyer, but I don't know where to start. Any suggestions?

I know the frustration. I was denied, too.

Start by checking out www.tbilaw.com Attorney Gordon Johnson has great knowledge in mTBI or as he calls it "Subtle Brain Injury." He has a referral system to help you find an attorney in your state.

My best to you.

I tried that, but they don't have anyone where I live. Is there anything I should look for in filing an appeal?

Gillian,

Each state has a Bar Association. (That's the lawyers' professional association.) The Bar Association should also have a lawyer referral service. In the city where I live, I called the referral service from the Bar Association.

They ask you questions in order to see what kind of lawyer you need, and then they get back to you in a day or two with the name of a lawyer who is willing to meet with you for a half hour consultation for a minimal fee. (I think it's $35. If it's a personal injury case, they don't even charge.) The referral service sets up an appointment for you.

You need to go prepared with your questions and later you can decide if this lawyer is a good fit for you or not. There is no obligation, and you can get a lot of information.

And if they are referred by the Bar Association, they need to have a good record, I assume.

Good luck.
ShellyK

GG, What state and area do you live in? I'll do some research for you. Finding a good attorney in your state that is distant is better than finding a mediocre attorney near your home.

There are also State Work Comp Attorney Associations that can be helpful.

GillianGillian,

I just wanted to drop in and tell you I'm sorry about Worker's Comp denying you. I'm sure this has been a lot of stress for you on top of what your dealing with from your injury. I don't really know much about this subject but I want you to know you've got my support. Every one here at this forum is behind you. Just keep on fighting...I'm sure you will get everything worked out.

Take care.

Aren't most work comp claim atty consults free in most states?
payment to atty is usually a % of the case/settlement up to a max limited amount.

Be sure to interview many before choosing/signing with one , really utilize those free first consults. It's a pain to have to change attys in mid claim if you find out the one you chose too quickly is not that great....

Read on your state website under workers compensation for more info about the whole thing.
We have a workers comp forum here too.
http://neurotalk.psychcentral.com/forum30.html

Don't panic, generally they will deny unless a very clear cut injury case with witnesses, and no prior injury/illnesses.

My workers comp lawyer had a fee of 15% if you had won anything, if not no fee.

I understand the feeling of being denied. Been there done that, the best thing to do is hire a lawyer to fight for you. I thankfully was able to get the best one in the state of Ohio. I had 2 hearings and won them both b/c of him. Just a heads up, if/when you a hearing your employer is going to say some outlandish things about your injury. You just have to stay calm and relaxed when they do that.

Oh yes, an attorney is a so needed to deal with the WMC idiots. My husband had me consult one a few weeks after and to date we've had to appeal twice. The system sucks. I'm sorry you have to have the added stress. I know how my anxiety was when they refused me. They actually stopped payment of two checks. It was a nightmare. Six months later I'm still waiting payment of prescriptions. GGRRRR..