If an injury occurs at your workplace, the quick release of payment of workers’ compensation benefits is important for covering your medical expenses, compensating for your lost wages, and maintaining your financial status. Unfortunately, there are cases where an employer or insurance company postpones these benefits.
Delayed workers’ comp payment has disastrous consequences, including losing out on important financial assistance.
On average, only 80% of workers’ compensation benefit claims across the United States are approved, according to Insuranceopedia. This means that 20% are pending or denied. Fortunately, injured workers have several legal options to challenge denied claims and enforce their rights under workers’ compensation laws.
Let’s check out the things that you will need to do when your claim is denied to secure the compensation that you deserve.
Understand Your Benefits and Rights
Knowing your benefits and rights is the first and foremost thing to know when fighting for your benefits that have been delayed. You have a right to know what you have, be it health insurance, pensions, or time off.
Check the employee handbook to clarify your position and gain confidence about the situation. If the specific benefits are ambiguous in the employee handbook, then it is time to visit HR. You won’t be the only one facing such problems.
Being aware of your rights transforms the workplace into a community of people who have the same protections. When your benefits are delayed, knowing your entitlements will give you, as an injured worker, the power to take the next steps.
You should enjoy the benefits of your labor.
Communicate With Your Employer
In case of any benefit delays, the next thing you must do is to approach your employer. Try to be friendly at first. A cordial approach will be beneficial for your situation. Inquire if there is a reason for the delay and indicate how it is affecting you. Be honest about your worries but still maintain a positive undertone.
You would want not only to get answers but also to build a collaborative relationship where your employer will consider your fundraising action and be more inclined to help you. You can offer solutions or ask for deadlines if you feel secure doing so.
By fostering openness, trust can develop, allowing both of you to collaborate more effectively during this challenge.
Document Everything
Once you have a conversation with the employer, you are allowed to monitor the entire process of delayed benefits. Record all your interactions (they can be email, phone call, or in-person meeting) by recording the date, time, and name of the person you talked to.
If you have received any written notice or update, then keep copies of those too. It may be quite beneficial in case you ever decide to bring the matter up again. You should always make a note of the impact of the delay on your life.
Demonstrating your commitment to finding solutions will increase the strength of your case. The documents that you will be able to gather will help you file a claim successfully if it becomes necessary.
According to Charlotte workers’ compensation lawyer Brian R. Hochman, it is always advisable for an injured worker to start the claim filing process as quickly as possible to have the greatest chance of success.
File a Formal Complaint
In case you have tried to go through the informal way and have not succeeded in resolving the issue of delayed benefits, then it is time to file a formal complaint. You don’t have to be alone in the filing of a complaint.
Define your problem straight away and then come up with the facts about the delay. Follow your organization’s policy to escalate the complaint to the appropriate unit or individual.
The primary reason for your case should be the negative effects that the delay has had on you. Your opinion is very important. Always keep one copy of your complaint for later use. Good manners are very important, but do not allow them to overpower your assertiveness.
You have a right to benefits without delays and using this method shows that you are indeed taking your rightful claim seriously.
Seek Legal Advice and Representation
If, after all your efforts, the company still does not give you the benefits due to you, then going for legal advice and representation is really the best way out. Upsetting situations can occur, but a lawyer can help alleviate the burden you face.
A lawyer who concentrates on employment law will guide you through the whole process and inform you of your rights. They will not only inform you but also assist you in strategizing the best possible way. Some lawyers even have free consultations, which allow you to find out what your options are without having to spend any money.
Having an experienced and skillful advocate along with you in the courtroom is a huge advantage if your case comes to that. The legal support is a considerable step toward claiming what is rightfully yours since you are entitled to the benefits you have worked for.
