Why Workers Comp Claims are Denied in New Hampshire
Unfortunately, many reasons can lead to denial of a workers compensation claim. However, according to the New Hampshire Department of Labor, “almost half of all injured workers who appeal to the Department win their hearing.” At Wyskiel, Boc Tillinghast & Bolduc, P.A., a New Hampshire workers comp lawyer can help you appeal a denial and argue on your behalf at the hearing.
Common reasons for NH workers comp claim denials
Employers or insurance carriers may dispute claims and give the following reasons:
- Not a work-related injury
- Pre-existing condition
- Inadequate medical information
- Injuries not severe enough to warrant a claim
- Treated by a doctor that was out of network
- No medical treatment or sporadic treatment
- Failure to get an initial timely medical examination
- Lack of documentation to show the injury was work-related
- Drug use or intoxication at the time of injury
- Suspicion of fraud
- Maximum medical improvement reached but a failure to return to work
A Dover, NH workers comp attorney can help you meet filing deadlines
Failing to meet filing deadlines can result in denied workers comp claims. By working with a New Hampshire workers comp attorney from the outset, you can avoid this problem. You must meet the following filing deadlines to receive workers compensation benefits:
- Injured workers have two years from the date of injury to notify the employer in order to make a claim for benefits. If an occupational injury occurs rather than an accident, claimants must provide notice the date they recognize the injury, or should have reasonably recognized that the injury, was work-related.
- Time limitations for filing a claim are three years after the injury date or the date the employee knows, or should have known, the injury was work related.
- The employee has 18 months to petition for a hearing to dispute a claim denial
- If more than four years pass since benefits were last received or denied, the employee loses the right to review of eligibility for compensation or extent of disability
An experienced workers comp lawyer in New Hampshire can ensure you avoid the common mistakes people make that frequently lead to workers comp denials.
Contact a Nashua workers comp lawyer for effective help with claim denial
Wyskiel, Boc, Tillinghast & Bolduc, P.A. offers a free consultation to answer your questions and explain how we can help. Please call us at 800.363.7186 or contact us online.