Skilled Workers’ Compensation Claims And Appeals Attorneys
At D’Agosto & Howe, LLC, we understand how difficult it can be to pursue benefits after a workplace injury. The process can be so adversarial and frustrating that many workers simply give up when met with resistance.
Instead of accepting a denied claim, you can fight back with our help. Our attorneys bring more than 40 years of combined experience to each case. We know how insurance companies operate, and we will utilize that knowledge during all necessary levels of appeal.
Why Was Your Benefits Claim Denied?
When you apply for workers’ compensation benefits, the application may be denied by your employer or the workers’ compensation insurer. This is officially known as a “Notice to Compensation Commissioner and Employee of Intention to Contest Employee’s Right to Compensation Benefits.” More succinctly, it is often called a Form 43 Denial.
There are numerous reasons why an employer or insurer might try to deny your claim. In fact, because paying a claim costs the insurer money, there is a financial incentive to find reasons to deny it.
Some cited reasons for claim denial are focused not on the injury but on compliance with the process. They include:
- A clerical or administrative error in your application
- Failure to timely report your work injury to your employer
- Failure to file your workers’ compensation claim within the statute of limitations (one year from the date of injury in most cases)
- Failure to seek medical treatment after the accident
Sometimes, the employer or insurer will attempt to assert other disqualifying factors, including:
- Alleging that the injury didn’t happen at work
- Alleging that you were abusing drugs or alcohol at the time of the accident
- Alleging that an employer-employee relationship doesn’t exist or that your work/employment status makes you ineligible for benefits
Finally, a Rule 43 Denial may be issued because the employer/insurer wants more time to assess your claim.
What Happens After A Form 43 Denial?
Whatever the reason for the denial, you likely still have options for appeal. In many cases, the first appeal will be made to the Connecticut Workers’ Compensation Commission (WCC), to which your employer must send a copy of the Form 43 Denial when they send it to you.
If the appeal to the WCC is unsuccessful, we can likely appeal the WCC’s decision in a state appellate court.
While you can certainly file a workers’ compensation claim without hiring an attorney, many workers find that having an attorney makes the process smoother and can even increase the chances of approval. Once the claim is denied, however, pursuing an appeal without an attorney is much more difficult and frustrating. As soon as you contact our firm, we will set to work building the strongest case for why you deserve benefits and/or why your claim should have been approved.
Get Your Questions Answered During A Free Initial Consultation
In addition to providing excellent legal representation, the attorneys at D’Agosto & Howe, LLC, are dedicated to client service and personalized attention. If you’ve been injured at work and had your workers’ compensation claim unfairly denied, we may be able to help you appeal the decision and claim the benefits you are entitled to.
We make the process as easy as possible by offering free initial consultations to all prospective clients in Connecticut. To schedule yours, call our office in Shelton at 203-538-9026. You can also reach out online.