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Do I Need an Attorney to Appeal a Denied Work Comp Claim?


Denied workers’ compensation claims are not uncommon and attempting to appeal the decision on your own could be a tough task. Insurance companies have a team of people that work hard to keep your claim in denied status — which is one major reason why having an experienced workers’ compensation attorney on your side is critical.

First Steps in Denied Claims

Understanding the reason why you were denied is the first step. Whether it was a paperwork error or a missed deadline, here are some other common reasons why your claim could be denied.

  • Your employer did not provide workers’ compensation - Not all employers in Texas provide workers’ compensation.
  • The injury happened outside of work - While employees are covered while performing a job duty outside of work, this could be a gray area and attorney will know how to handle such a situation.
  • The injury was not reported on time - In the state of Texas, workers must file an injury report within 30 days of when the injury occurred and have one year to file a formal workers’ compensation claim.
  • The treating doctor was not authorized under the workers’ compensation plan - Under Texas State law, injured workers must go to a doctor that is provided under their employer's workers’ compensation plan.

The Appeals Process

If your initial application for compensation is denied, a work injury lawyer can file a timely appeal to get you the benefits you deserve. You may be able to get your workers' compensation case re-opened if:

  • Your injury or illness reoccurred
  • New evidence is found
  • The initial decision was unjust
  • An error was found in your application
  • Your employer did not act in your best interest

If your application for workers' compensation was denied, contact The Law Office of George P. Escobedo & Associates, PLLC to assist you with your appeal. Our experienced workers’ compensation attorneys can guide you through the process and handle the “red tape” so you can focus on healing from your injury. Contact us today at (210) 807-3178 to learn more about how we can assist you with your denied claim appeal.

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