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Workers' Compensation Denials

Workers' Compensation Denials in Colorado

Have you been denied workers' compensation benefits?

Workers' compensation is a no-fault system, so it should be easier for the injured worker to claim benefits in this type of case than when filing a claim for personal injury. Unfortunately, this is not always true. Claims for workers' compensation are frequently denied, and when this happens, the claimant is left to bear the responsibility of paying for all of his or her medical treatment, as well as being deprived of disability benefits to replace lost wages.

Some of the most common reasons for a denial of workers' compensation benefits include:

  • Insufficient documentation was provided for the claim
  • The written notice of injury was submitted after the deadline
  • The worker sought treatment from an unauthorized medical care provider
  • The injury or illness is thought to be a preexisting condition
  • The injury is believed to have occurred outside of work
  • The worker was intoxicated or was otherwise willfully negligent at the time of the accident

Fortunately, you may be able to challenge the denial of benefits and you might be able to win. The notice of contest, which is a document you should have received from the insurance company, will state the reason that they have decided to deny your claim. You can use this information to begin working on an appeal of the decision. A Colorado Springs workers' comp lawyer can help you ensure that your appeal is properly handled.

Appealing Your Claim Denial

It is often possible to obtain workers' comp benefits despite an initial denial of benefits, and an attorney from Clawson & Clawson, LLP is ready to meet with you to discuss your options. If the basis for your denial was false or if it was a simple misunderstanding, then we can request a prehearing conference — which is an informal hearing before an administrative law judge — to discuss the matter and present any evidence that may be useful in proving your claim. Even if this is not successful, it may be possible to take your case as high as the Colorado Court of Appeals.

We serve clients up and down the Front Range from Pueblo and Colorado Springs to Parker and Denver, and we are ready to meet with you now for a free consultation. 

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