Workers' Compensation Claim Attorneys Serving Omaha

If you’re an employee who sustained an injury on the job in Omaha, you deserve workers’ compensation benefits to cover your medical expenses and lost wages. Regrettably, employers and insurance companies frequently deny valid claims, leaving injured workers feeling frustrated, overwhelmed, and uncertain about where to seek help.

You don’t have to go through this alone. The experienced Omaha workers’ compensation lawyers at Mueller Schmidt Mulholland & Cooling can help you fight against an unfair denial, protect your rights, and pursue the benefits you deserve.

Why Do Workers’ Comp Denials Happen?

When you suffer an injury at work, you expect your employer to provide the support you need. Sadly, this might not happen. They may deny your claim because of:

• Missed deadlines. In Nebraska, you must report your work injury to your employer as soon as possible in writing. The insurance company will likely deny your claim if you wait too long.
• Outside scope of employment. Insurers may argue that your injury did not occur while you were working or resulted from horseplay or other non-work activities.
• Insufficient evidence. The claims administrator may state that you need to provide more medical evidence to prove that your injury is work-related or severe enough to qualify for benefits.
• Pre-existing conditions. If you have any prior injuries or medical conditions, the insurer may claim that your current symptoms are due to those pre-existing issues rather than a work accident.
• Intentional acts. Workers’ compensation covers accidents and does not apply if you intentionally injured yourself or were involved in willful negligence.
• Intoxication. Insurers will deny claims if they have evidence that you were under the influence of drugs or alcohol at the time of the accident.

In some cases, a denial may result from a simple clerical error, such as your employer failing to file the proper paperwork.

What to Do if Your Claim is Denied

Receiving a denial letter can feel devastating, especially when you are already struggling with the pain and stress of a serious injury. However, it is important to remember that denial is not the end of the road. You can file a claim with the Workers’ Compensation Court to appeal the insurance company’s decision and fight for the benefits you deserve.

If your workers’ compensation claim is denied, take the following steps:

• Read the denial letter carefully. The insurance company must provide a specific reason for the denial. Review their explanation and look for any errors or missing information.
• Gather evidence. Collect all relevant documentation that supports your claim, including medical records, accident reports, witness statements. If the insurer states you lack sufficient evidence, obtain additional medical evaluations and expert opinions.
• File a Petition with the WCC. In Nebraska, you must file a Petition with the Nebraska Workers’ Compensation Court within two years of the date of your injury or the last date you received benefits. This deadline is strict; you must take advantage of it to avoid losing your right to appeal forever.
• Prepare for the hearing. When you file a Petition with the WCC, there will be a hearing before a judge. You will need to present evidence and arguments as to why the judge should overturn the initial denial. The insurance company will also have an opportunity to present its case.
• Consult an attorney. The workers’ compensation appeals process is complex, and insurance companies have experienced legal teams on their side. Working with a skilled Omaha workers’ compensation lawyer can greatly increase your chances of success.

Mistakes to Avoid After a Workers’ Comp Denial

After your employer’s insurer denies your claim, it is natural to feel angry, frustrated, and desperate for a quick resolution. However, you must avoid making common mistakes that could jeopardize your chances of a successful case at the WCC. These include:

• Missing deadlines. Nebraska law sets strict deadlines for filing a claim with the WCC to appeal the insurance company’s denial of a claim. If you wait too long to take action, you could lose your right to benefits forever. Contact an attorney right away to get the process started.
• Returning to work too soon. If you resume your job duties before you have fully healed, you risk re-injuring yourself and giving the insurance company a reason to argue that your condition is not that serious. Follow your doctor’s treatment plan, and return to work once you receive medical clearance.
• Accepting a lowball settlement offer. The insurance company could offer a lump sum settlement to resolve your claim quickly and cheaply. However, these offers are often far less than you need and deserve. Have an attorney review any offers to ensure they fully account for your past and future losses.
• Giving up. The workers’ compensation process can be long, confusing, and emotionally draining. However, do not let frustration or discouragement cause you to give up on your claim. With the right legal help, you can get the necessary benefits to support yourself and your family.

Common Workers’ Compensation Injuries

Workplace accidents and injuries can happen in any industry, from construction and manufacturing to healthcare and office jobs. Some of the most common injuries that lead to workers’ compensation claims include:

• Sprains and strains from overexertion or repetitive motions
• Fractures and broken bones from falls or being struck by objects
• Cuts and lacerations from sharp tools or machinery
• Burns from fires, explosions, or chemical exposure
• Head and brain injuries from falling objects or vehicle accidents
• Spinal cord damage from falls or crushing accidents
• Occupational illnesses from exposure to toxic substances or contagious diseases

No matter what type of injury you suffered or how it occurred, you should be eligible for workers’ compensation benefits if it occurred on the job. Do not let an insurance company deny you the support you need and deserve.

Contact the Omaha Denied Workers’ Compensation Claim Lawyers of  Mueller Schmidt Mulholland & Cooling

Do not wait to get the legal advocacy you need and deserve. Contact Mueller Schmidt Mulholland & Cooling today at 402-999-9000 to schedule your free consultation with an Omaha workers’ compensation lawyer. We are ready to stand up to the insurance company and fight for the benefits you are owed.

Remember, a denial is not the end of your claim. With the right attorney on your side, you can appeal the decision and obtain the medical care, wage replacement, and other benefits you need to move forward after a devastating work injury. Call us today to get started.