Question for Attorney Carbone: Can I Reapply for Workers’ Compensation?
Question: I work with chemicals as part of my job. The years of handling toxic substances have affected me greatly and now I have pneumonitis. The medical bills are insane and a friend had urged me to file for workers’ compensation. However, my claim was denied. What can I do next? Should I reapply?
Answer: This is a troubling story and one that may sound too familiar to many. When you are exposed daily to toxic chemicals and safety precautions were taken, then you will develop a severe illness that needs expensive treatment. The best way to pay for these treatments is to file a workers’ compensation claim with your employer. But sometimes, the results are not favorable. So what can you do?If you are denied workers’ compensation, the first thing you should know is that it’s not the end of your case. In fact, by abandoning your claim, you could lose the benefits you deserve. Here is what you need to do if your workers’ compensation claim was denied:
If you are denied workers’ compensation, the first thing you should know is that it’s not the end of your case. In fact, by abandoning your claim, you could lose the benefits you deserve. Before continuing, it’s best to know why your claim was denied in the first place. Did you get the dates wrong? Did you forget to file the proper paperwork? If it’s a simple issue that can be resolved, then it might be easier to speak with your employer’s insurance carrier to see if you can solve the issue without resorting to legal action.
However, if the claim denial is not a simple fix, you’re going to want to do is challenge the denial. This means filing an application for an informal hearing before a judge. This is a way to resolve the issues without formal litigation. But it’s important to know that the judge’s decision at this hearing is not binding. This means if you disagree with the court’s ruling, you have the right to file a formal claim petition. You also have the right to have an attorney present at these proceedings, something we strongly recommend. Chances are if you file a formal petition, your claim may be settled out of court. But if the issue is not resolved, then you will be going to court. If this is the case, it’s important to get your facts straight and make sure you have evidence that shows your illness is a direct result of your work. It’s also important to keep an eye on your deadlines. You only have two years of the date of the injury to file an appeal.
So to answer your question, you can’t really reapply, but you can challenge the decision of the original workers’ compensation claim decision. But before doing so, make sure you contact the Law Offices of Anthony Carbone to help you with your case.