Workers’ Compensation Claim Denial
Contact the Workers’ Compensation Lawyer at Our Firm. Assisting clients in Portland, Multnomah, Clackamas, and Washington Counties
When you are injured on the job, you are, in most cases, entitled to workers’ compensation benefits through your employer’s workers’ comp insurance policy. However, while the system purportedly exists to aid injured workers, many rightful Oregon workers’ compensation claims are denied. If this is the case, you do have several options.
It is possible to appeal a denied workers’ compensation claim in Oregon. To do so, you will likely need to request a workers’ compensation hearing before an Administrative Law Judge (ALJ). In any case, it is in your best interest to speak to a qualified attorney who can help you understand your legal rights and options. The Lake Oswego workers’ compensation attorney at The Law Offices of Scott M. Supperstein, P.C. can help you navigate the process of appealing your denied workers’ compensation claim. Since 2001, our firm has been assisting injured workers throughout the Greater Portland Area; we understand the process and how to help you work to obtain the just benefits you are owed.
For a complimentary consultation and case evaluation, contact The Law Offices of Scott M. Supperstein, P.C. online or by phone at (503) 386-9841.
How to Appeal a Denied Workers’ Compensation Claim
The process of appealing a denied workers’ comp claim in Oregon is somewhat complex; it is wise to consult with an experienced attorney who can ensure that you meet all applicable deadlines. Your attorney will also be able to help you prepare for and represent you in workers’ compensation hearings to appeal your denied claim.
The process of appealing your denied workers’ compensation claim will depend on the grounds on which your claim was denied. You may wish to appeal your denied claim for any of the following reasons:
- Your employer/the insurance company disputes that your injury occurred at work, while you were carrying out work-related duties, or as a result of your employment
- The insurance company disputes the severity of your injuries, including whether you have sustained temporary disability or permanent disability
- The insurance company disputes the results of an independent medical exam (IME) illustrating the extent of your injuries
- The insurance company closes your claim and you believe that your claim should not be closed
If the insurance company disputes the severity of your injuries, you may request what is known as a Worker-Requested Medical Examination (WRME) from the Oregon Workers’ Compensation Division. If you believe your claim has been closed prematurely, you may appeal this decision with Oregon Workers’ Compensation Division by filing a Request for Reconsideration form. In certain cases, you may be able to settle a disputed claim denial with your employer by accepting a lump sum payment (known as a Claim Disposition Agreement or a Disputed Claim Settlement). In either case, you will be required to give up certain workers’ compensation rights as a condition of receiving the lump sum.
In most cases, however, you will need to appeal a denied workers’ compensation claim by filing a Request for Hearing form within 60 days of receiving notice that your claim has been denied. This form must be filed with the Oregon Workers’ Compensation Division and will begin the appeals hearing process.
Put 35 Years of Legal Experience on Your Side
Attorney Scott Supperstein has been assisting injured Oregonians since 1984. Since opening his firm in 2001, he has focused a large portion of his practice on assisting injured workers with all aspects of their workers’ compensation and third-party work injury claims. If you need assistance appealing a denied workers’ compensation claim in Lake Oswego, Portland, or any of the surrounding areas, get in touch with The Law Offices of Scott M. Supperstein, P.C. today for a free and confidential consultation.
Call (503) 386-9841 to speak to an experienced Lake Oswego workers’ compensation lawyer about your denied claim.