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How To Challenge A Workers’ Comp Denial

In workers’ compensation, a denial isn’t the end of the road. New Hampshire has a system of checks and balances designed to protect the rights of injured workers. So long as you follow the right procedures and don’t miss important deadlines, you may still have a strong case for receiving benefits.

Workers’ comp insurers, like other insurance companies, exist to make money. They have a financial incentive to deny claims whenever possible. That’s why you need a lawyer on your side to look out for your interests alone.

You will find dedicated, experienced legal representation at Gawryl & MacAllister. Based in Nashua, we are a local firm with a client-centered philosophy. Attorney Jared O’Connor brings more than a decade of experience to the nuanced field of workers’ compensation law.

Three Key Steps

Denials can occur at various stages of the process. Whether your claim was denied from the start, or your benefits were later reduced or terminated, or the insurance company has suddenly refused to continue paying for your medical care, you can take action to challenge the denial.

  1. Hearing officer: After a denial, you have the right to request a hearing before the New Hampshire Department of Labor.
  2. Appeals board: If you receive another denial from the hearing officer, you can next make your case before a panel of the Compensation Appeals Board. The panel will look at your case with fresh eyes.
  3. Court: Further appeals proceed through state court. Our attorneys have extensive experience handling workers’ comp appeals before the New Hampshire Supreme Court. We have prevailed in important cases that have helped shape the law.

The Importance Of Involving An Attorney

There are strict deadlines through all stages of the workers’ comp process, from reporting the injury to filing a claim to challenging a denial. For that reason, the sooner you involve a lawyer, the better. Our legal team can help you navigate these often confusing timelines. We provide experienced, yet affordable, legal advocacy.

Under New Hampshire law, if you fight your denial and win, the insurance company may be required to pay your attorney fees as well as its own.

Additionally, we handle most cases on a contingency fee basis, meaning you won’t owe attorney fees unless we’re successful.

To discuss your denial during a free half-hour consultation, please contact us at 603-821-4237.