Was your workers’ comp claim denied due to pre-existing conditions?

Was your workers’ comp claim denied due to pre-existing conditions?

On Behalf of | Dec 28, 2021 | Workers' compensation |

If you suffered an injury at work, you have likely suddenly found yourself faced with overwhelming medical costs, as well as an inability to work and support your family. As such, you require workers’ compensation payments in order to make ends meet while you recover.

But when you applied for these benefits, you received the notice that the Kentucky Department of Workers’ Claims denied your claim due to the presence of pre-existing conditions. This may not seem fair to you, and you may be wondering what your options are.

You have the right to appeal

You can request a hearing with your employer’s workers’ compensation insurance company. It’s a good idea to bring an attorney to this meeting to advocate on your behalf. This meeting will be your chance to argue for why your pre-existing condition should not disqualify you for workers’ compensation benefits.

If the insurance company still will not grant your benefits, then you can request a hearing with an administrative judge. This hearing will work similarly to a lawsuit. Both you and your employer’s insurance company can present arguments and evidence in support of your positions, after which the judge will issue a binding decision.

Appealing the judge’s decision

If your claim is still denied, you can also appeal the decision of the administrative judge. However, you should keep in mind that an appeal is not a do-over of the claim process or of the administrative hearing. In other words, you won’t get the chance to present new evidence or make new arguments in support of your claim.

Appeals serve the purpose of allowing you to challenge abuses of discretion by the judge – such as if they deny your claim on grounds of a pre-existing condition that clearly has no real relation to your new injury.

Workers’ compensation benefits can make all the difference for someone who is suffering the debilitating effects of a workplace injury. If you have received a notice of denial of benefits, you still have options available to you.