It is very common for examiners to deny applications for workers’ compensation benefits. In many cases, a problem with evidence is the reason for denying a valid claim.
Being successful on appeal will require a close analysis of why an examiner determined that an application lacked sufficient evidence. If you received a determination of ineligibility for workers’ compensation benefits, there are several ways that you may be able to demonstrate strong evidentiary support for an appeal.
Review your medical records
Medical records that do not include key details about workers’ injuries may undermine the seriousness of those injuries. Review your medical records to identify any noticeable gaps. Omitting important information could jeopardize your claim.
You should also consider whether the records that you sent with your application may have been incomplete. It is important to include all relevant information. Visit notes and diagnostic results could be integral to your claim. If necessary, talk to your care providers about missing information.
Produce witness affidavits
When an injury was the result of a single event, not having accounts from witnesses could be problematic. If anyone witnessed your injury, sworn affidavits may help bolster your case.
Gather physical evidence
Many workplace injuries are due to poorly maintained or faulty equipment. Whenever possible, be sure to preserve physical evidence such as a broken piece of machinery. If you are unable to keep an item, photographing it could be helpful.
Ultimately, the evidence that you present must adequately address any perceived shortfalls. Substantive evidence that effectively addresses an examiner’s concerns can help you prevail when you appeal.
