work comp claim denied!!

[dbearo]

What is the name of your state? CO

I was injured 1/5/05 and my work comp claim was denied because I have had previous back injuries with the same company, but none prior to me working with this company. The work comp Dr says it is a new injury but the insurance company still is denying my claim and that she can only overturn it if the company wants to. Is there anything I can do as far as trying to dispute it because now I am unable to see the work comp Dr. who treated me and I have to go to my personal Dr.

 

[Beth3]

If you disagree with a decision the WC carrier has made, you have the right to file for a hearing with your State's WC Division. While you don't have to have an attorney to do this, you'll find the process considerably easier with the assistance of an experienced worker's comp attorney.

The letter you received (or will receive) from the WC carrier denying your claim will outline your rights to appeal the decision with the State and how to go about it.

 

[dancinlady55]

Hi dbearo,
I am almost afraid to attempt to respond to you due to controversey on here today and being accused of posting incorrect info. I have been called irresponsible and accused of posting false information. Remember, this will only be from what I have experienced with this same situation. I will try to give you input from what happened to me and only me!

Several years back I had back surgery. Eight years later I had a fall and injured my back at work with the same company I was working for when I had the first back surgery. They tried to deny my claim also saying this was a pre-existing injury. Nevertheless, it was not and I was able to work a long time in full capacity until the last fall I had. They did not win in court and my case was upheld by the courts. This was taken up to the Supreme Court and they still failed and had to pay me.

Strong word of advice, if you feel what is happening is not correct, seek legal advice. Consults are usually free and it does not hurt to inquire if you are not being treated fairly. Best of luck to you!

I hope this post escapes being slammed once again today.
dancinlady55