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What do I do if my workers' compensation claim is denied?

In Minnesota, individuals who have been injured at or due to their jobs are eligible for a variety of benefits, including coverage of medical costs and wage replacements, through workers' compensation insurance that is required to be carried by their employer. Before someone can receive these benefits, they must go through the claim process. If someone's claim is denied, they may still be able to receive workers' compensation.

The first step in dealing with a workers' compensation claim denial is to call the employer's insurance claims adjuster, which may be enough to resolve the problem. It is a good idea for individuals to take down the time and date of their conversation as well as the representative they spoke with. If a phone call does not lead to a resolution, the next step someone should take is to reach out to the Department of Labor and Industry and discuss the issue with an Alternative Dispute Resolution specialist.

The specialist will attempt to address the issue, and if the specialist is not able to resolve the matter, they will go over someone's options for having a claim reviewed, which include mediation and filing an Employee's Claim Petition form. Mediation may enable someone to discuss a claim and come to an agreement that is amenable to both parties.

If someone has been injured or developed a medical condition as a result of their job, a lawyer may be able to assist them in seeking workers' compensation benefits. A lawyer could guide someone through the process, help them ensure they seek appropriate benefits based on their situation and assist them if their claim is initially denied. This information is not intended to be taken as legal advice as every situation is unique.

Source: Minnesota Department of Labor and Industry, "Workers' compensation -- Claim process", September 10, 2014

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Law Office of David M. Bialke
7260 University Avenue NE
Suite 160
Fridley, MN 55432

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