Denied work injury claims occur when your employers workers comp insurance company refuses to cover the work injury. At this point more than ever you need help from an Oklahoma workers compensation lawyer. Some reasons for denied work injury claims is that the employer claims
your injury didn’t occur within the scope of employment. Other reasons may include that they claim you had a pre-exiting injury or you failed to report the injury in a timely manner.
If your claim is denied one of our workers compensation attorneys files a form nine setting your case for trial. Before filing a form 9 we’ll have you evaluated by one of our work injury doctors. Our doctor will review your medical history and write a report regarding the cause of your injury. Our Doctor also reports whether you can return to work full duty or with work restrictions. Once the form nine if filed the courts set it for trial on medical and disability. Generally it takes a few weeks but you’ll get your day in Court.
Denied Work Injury Claims Trial:
Depending on venue and jurisdictional issues, the trial will always take place in either Tulsa Workers Compensation Court or Oklahoma City Workers Compensation Court. It occurs in one of the two Courts because this is where the courts are located and there are only two Work Comp Courts in Oklahoma. At trial we will offer as medical evidence, the medical reports that were obtained by our Doctors regarding your injured body part(s) and what his or her opinion is regarding your injury. The insurance company may also offer their own reports.
Once the evidence is admitted you will be called to the witness stand, put under oath and asked questions regarding your work injury and how it occurred. Most of the questions will be about what the major cause of your injury was, if your reported the injury and how the injury is impacting your ability to return to work. Generally the trial lasts for about 30 minutes or so. At the conclusion the Worker’s Compensation Judge will review the testimony and medical evidence and write an opinion which is sent to both attorneys within 20 or so days. The Judges opinion will either admit the claim and order all reasonable and necessary medical treatment, along with Temporary disability or it will further deny the claim.