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Michael J. Duber and Brandon T. Duber

Cleveland Workers’ Compensation Denial: Don’t Give Up!

Getting injured at work is stressful enough. Facing a denied workers’ compensation claim adds a new layer of worry. But here’s the truth: denials are more common than you might think. In Ohio, a significant portion of initial claims get rejected by insurance companies.

Our attorneys at Bentoff & Duber Co., L.P.A., understand the frustration and confusion that comes with a denied claim. We’ve been helping injured workers in Cleveland navigate the workers’ compensation system for decades, and we’re here to guide you through the appeals process.

Why Do Workers’ Compensation Claims Get Denied?

There are several reasons why an insurance company might deny your claim. Some common reasons include:

  • Injury not considered work-related: The insurance company may argue your job didn’t cause your injury. This could be because they believe the injury happened outside of work hours, wasn’t caused by a work activity or is a preexisting condition.
  • Missing or incomplete paperwork: Workers’ compensation claims involve a lot of paperwork. If deadlines are missed or forms are filled out incorrectly, the insurance company may use it as a reason to deny your claim.
  • Medical documentation issues: Without strong medical evidence linking your injury to your job, the insurance company may deny your claim. This highlights the importance of seeking medical attention promptly after your injury and informing the doctor it happened at work.
  • Late reporting: In Ohio, you typically have one year to report a work injury to your employer. Failing to do so within the time frame could jeopardize your claim.

Often, it can seem like the insurance company was doing what they were supposed to do when they denied a claim. However, that does not mean that you should not try to appeal. Our skilled attorneys can give you the support you need to take the next step.

What To Do If Your Workers’ Compensation Claim Gets Denied

Getting a denial letter can be discouraging, but it doesn’t mean your case is over. Here’s what you should do next:

  • Review the denial letter carefully: The denial letter should explain the reason for the rejection. Understanding why your claim was denied is the first step in formulating a plan to move forward.
  • Contact your employer: Sometimes, a simple communication breakdown between you and your employer can lead to a denial. Talk to your employer to see if they can help rectify the situation.
  • Gather additional evidence: If the denial is based on a lack of evidence, you’ll need to gather additional documentation to support your claim. This may involve witness statements, work site photos or further medical records from your doctor clearly outlining the work-related nature of your injury.
  • Seek legal help: An experienced workers’ compensation attorney can be a powerful advocate on your behalf. They can help you navigate the appeals process, gather evidence and fight for the benefits you deserve.

Fighting a workers’ compensation denial can come with a lot of frustration. Our team faces these challenges regularly, so we can bring our decades of experience to the table to fight for you.

How Can A Workers’ Compensation Attorney Help?

At Bentoff & Duber Co., L.P.A., our Cleveland workers’ compensation attorneys have a proven track record of success in helping clients overturn denials. We can:

  • Analyze your denial: We’ll carefully review your denial letter and identify the weaknesses in the insurance company’s case.
  • Develop a winning strategy: We’ll help you gather additional evidence and build a strong case for appeal.
  • Handle complex paperwork: We’ll ensure all appeals paperwork is filed correctly and on time.
  • Represent you at hearings: If your appeal goes to a hearing, we’ll represent you before the Ohio Bureau of Workers’ Compensation.

Don’t let a denied claim prevent you from getting the help you deserve. We want to help you seek the compensation you need to move forward. We offer free consultations so that we can answer your questions and help you learn more about how we can help.

Get Started With Our Attorneys At Bentoff & Duber Co., L.P.A., In Cleveland

Getting the right legal guidance after a workers’ compensation denial is crucial. Our attorneys at Bentoff & Duber Co., L.P.A., are here to help. We offer free consultations to discuss your case and answer your questions. Contact us online or call 216-861-1234 to schedule an appointment. We serve clients throughout Cleveland with a by-appointment office in Beachwood.