26 Apr Arizona Workers’ Compensation Law –Disputed Benefits Claims
Arizona Workers’ Compensation Law – Disputed benefits claims are complicated. Montrose & Chua, workers’ comp attorneys, explain challenges of disputed claims.
What to do if Your Arizona Workers’ Compensation Claim is Turned Down
You filed your Arizona workers’ compensation claim, and in the process, you did everything according to the book. That included seeing the doctor recommended by your employer and filling out necessary paperwork properly. But then, to your surprise, you received notice that the workers’ compensation insurance agency or your employer has rejected or disputed your claim. In essence, your claim was deemed invalid.
Reasons for Claim Rejection
There are many reasons as to why an Arizona workers’ compensation claim may be disputed. Generally speaking this usually occurs for one of two reasons – the worker did not file their paperwork in the proper manner, or the insurance provider has questions about the validity of the claim.
Ten major reasons as to why workers’ compensation claims are initially rejected include:
1. The accident that caused the injury was not witnessed.
2. The injury was not reported immediately.
3. Medical assistance was not sought in a timely manner.
4. You did not follow up on recommended tests, exams, or healthcare advice.
5. Your accident report and initial medical records reveal discrepancies.
6. Initial tests reveal the presence of illegal drugs in your system or that you had been intoxicated.
7. You filed a claim after being laid off or fired.
8. You have filed numerous workers’ comp claims in the past.
9. You would not give the insurance company a recorded statement regarding your accident.
10. You would not sign medical authorization forms.
If for some reason your Arizona workers’ compensation claim has raised doubts with the insurance provider or your employer, and it has resulted in the rejection or dispute of your claim, you may request a hearing with the ICA.
Requesting a Hearing
You may request a hearing by filing the proper form with the ICA Claims Division. The Claims Division will schedule your hearing for your disputed claim, which will be administered by and overseen by the ICA’s Administrative Law Judge (ALJ) Division. The hearing process usually involves numerous sessions with the first one being scheduled about 90 days after your request.
How an Attorney Can Help
Although you are not required to work with an attorney during the hearing process, doing so can be a major help to your cause. An experienced workers’ compensation attorney will know how to prepare for the hearing in a manner that gives you the best chance of seeing your claim honored.
A knowledgeable Arizona workers’ comp lawyer will know the system, law, and procedures thoroughly, proving to be a valuable asset. They will understand what evidence needs to be provided, how to best structure and deliver information and facts, and how to refute or negate allegations made by the insurance provider or your employer.
Get Help Today
If your Arizona workers’ compensation claim is being disputed or has been rejected, contact Montrose & Chua, Attorneys at Law, PLLC, by calling 602-346-9009. Our experienced and knowledgeable legal team will be happy to meet with you for a free, no-obligation consultation regarding your claim. The Arizona workers’ compensation hearing process can be involved and complex. Give yourself the best opportunity to get the benefits that you deserve.