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What Should I Do If My Workers Compensation Claim Is Denied

If your workers’ compensation claim is denied by your employer or its workers’ compensation insurance company, you have the right to request a hearing from the State Board of Workers’ Compensation.  The procedure for filing a claim should be outlined on the back of the “denial” form that you should receive – which usually will be one of two forms: a Form WC-1/Employer’s First Report of Injury or a Form WC-3/Notice to Controvert.

You have one year from the date of injury to file a workers’ compensation claim with the State Board of Workers’ Compensation.  But if you received remedial medical treatment from your employer for your on-the-job injury, you have one year from the date of the last remedial treatment to file a workers’ compensation claim with the State Board.  If you received weekly income benefits as a result of your on-the-job injury, however, you have two years from the date of your last payment of weekly income benefits to file a claim. 

If you are filing a workers’ compensation claim based upon an occupational disease, you have one year from the date you become aware of your disease, or, in the exercise of reasonable diligence, should have known of the relationship between your disability and its relationship to your employment.  No claim for an occupational disease may be filed after seven years from the last date you were exposed to the employment hazards related to your disease; however, if your claim is based upon asbestosis or mesothelioma caused by exposure to asbestos, you have one year from the date of first disablement after being diagnosed with one of these diseases to file your claim.

To view other Workers’ Compensation Questions and Answers, click on the “Q & A” Button.

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