What to do about a denial of a worker’s compensation claim?

I was recently denied benefits from workman’s comp involving carpel tunnel and radial tunnel surgeries in both arms and wrists. I know it was from working at my job. This case has been going for 6 months. How long do I have to be able to try to fight this denial? I just went back to work. How do I make this right?

Asked on September 6, 2011 under Employment Labor Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can appeal the determination internally, to the worker's comp board. Or alternately, you can bring a legal action in regards to the denial. Or as a third option, if you are denied worker's compensation, you may be able to sue your employer for the injuries you sustained, if they are work caused or related. In any event, step one is to consult with an attorney, one with worker's compensation experience. Your chance of picking the right options to receive compensation--and then of actually being able to win and get that compensation--will be dramatically improved by having an experienced attorney in your corner. Trying to do this yourself will save some legal fees, but would likely be a foolish economy, since you will hurt your chance of receiving compensation for your injuries. (Or: if an attorney reviews your case and concludes it's not worth pursuing, you may be better off taking that advice rather than continuing to expend time and resources.) Good luck.


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