WorkCover serves as a crucial safeguard for employees who are injured while doing their jobs. It provides income protection for workers unable to continue working and earning the income they used to make. Unfortunately, not all WorkCover claims get approved. There are some whose claims are denied, and this typically leads to not only devastating financial loss but also emotional stress as it impacts one’s quality of life.
But why do WorkCover claims get rejected? Here our workers’ compensation lawyers in Perth share some possible reasons:
- The injured worker did not notify their employer of the injury within 30 days.
- The injury is not covered by WorkCover.
- The injured worker did not see a doctor within seven days of the injury.
- The injured worker did not provide sufficient evidence to support the claim.
- The injury is not considered to be work-related.
- The claim was lodged outside of the statutory time limit.
- The injured worker has already received compensation for the injury from another source.
- The injured worker has returned to work and is no longer considered disabled.
- The injury is not considered severe enough to warrant compensation.
What to Do If Your WorkCover Claim Has Been Rejected
If your WorkCover claim has been rejected, it can be a frustrating and confusing experience. Here are some things you can do to try and get your claim approved:
Review the Decision and Reasons for Rejection
The first step is to review the decision and reasons for rejection. This will help you to understand why your claim was rejected and what you can do to appeal the decision.
Gather More Evidence
If you think the decision was unfair or based on incorrect information, you may be able to gather more evidence to support your case. This could include medical reports, pay slips, or other documentation.
Speak to a Lawyer
If you’re unsure why your claim was rejected or what you can do about it, you should speak to a lawyer. They can help you to understand your options and whether you have grounds for an appeal.
If your WorkCover claim has been rejected, it’s essential to understand why and what you can do about it. Review the decision, gather more evidence, and speak to a lawyer to get the best chance of having your claim approved.
What You Can Expect When You Dispute a Denied WorkCover Claim
If your claim is denied, you have the right to dispute the denial.
The first step in disputing a denied workers’ compensation claim is to request a copy of the insurance company’s denial letter. The denial letter should state the specific reason(s) why your claim was denied.
Once you have the denial letter, you can begin to gather evidence to support your claim. This evidence may include medical records, bills, pay stubs, and eyewitness testimony. Once you have collected your proof, you will need to write a letter to the insurance company explaining why you believe your claim should be approved.
If the insurance company still denies your claim after submitting your evidence, you have the right to file a formal appeal. The appeal process will vary depending on your state, but it typically involves a hearing in front of a workers’ compensation board or judge.
If you are successful in your appeal, the insurance company will be required to approve your claim and pay your benefits. If unsuccessful, you may still be able to file a lawsuit against the insurance company.
A Seasoned Lawyer Can Help You
If you have been in an accident while doing your job and made a claim but have been denied, it is crucial to seek legal assistance as soon as possible. An experienced workers’ compensation attorney can help you gather evidence, file your appeal, and represent you in court if necessary.
D’Angelo Legal is an established law firm in Perth that can help you with your WorkCover claim. Our team of workers’ compensation lawyers in Perth can represent you and fight for your rights and interests. Start the conversation with our legal team to know your next step!