Denied Workers’ Comp Claims in VT

If you’ve been injured on the job and your employer’s workers’ compensation insurance company has denied your claim, then you need to know your rights. At the Law Office of Charles L. Powell PLLC, I can help you with the next step while you are on your road to recovery. Whether your claim is due to an injury or an occupational disease, I can fight for the benefits you need as your Vermont workers’ compensation attorney, even if litigation is necessary.

Why Was My Claim Denied?

Like other insurance claims, your workers' compensation claim must be accepted by your employer's insurer for you to receive benefits. You will know if your workers’ compensation claim has been denied if you receive a letter in the mail from the insurance company stating the denial and the reason behind it.

Common reasons for claim denial include:

• Your diagnosis is allegedly a pre-existing condition
• You allegedly failed to report the injury on time
• There is allegedly not enough medical information to accept the injury and the claim
• There is allegedly not enough proof that the disability was caused by injury at work

How to Challenge a Workers' Comp Denial in Vermont

Insurer denials can be very upsetting and cause financial crises. Read the insurer’s stated reasons carefully. Is the basis for denial true? If not true, what evidence supports this? You can file an “appeal” from the insurers’ denial and you can request the Vermont Department of Labor to order the insurer to pay benefits. At the Law Office of Charles L. Powell PLLC, I will inform you of your rights and how to proceed with an appeal.

Vermont Workers' Comp Appeals Process Explained

If your claim is denied, you will first need to file a Notice and Application for Hearing with the Vermont Department of Labor to initiate the dispute resolution process. After receiving this, the DOL will schedule an informal telephone hearing during which you, your attorney, and the insurance company will explain your positions. The DOL will then issue a written decision after this hearing.

If you disagree with the decision issued after the informal conference, you and your attorney may then request a formal in-person hearing to dispute the issue further. This will provide you with the opportunity to present evidence such as eyewitness testimony and medical records that support your position. Mediation may also be used as an alternative dispute resolution method.

If you are still unable to secure the benefits you need after a formal hearing or mediation, you may then appeal your case to the Vermont Superior Court or Vermont Supreme Court, depending on the issue at hand, but such appeals are uncommon.

Contact Us for Workers' Comp Appeal Assistance in Vermont

With more than 30 years of personal injury experience ready to serve the injured worker, you may benefit from experienced lawyer representation to deal effectively with denied workers’ compensation claims. You can call for a consult and seek help in the appeal process.

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