I wrote in a statement requested by my employer that I first noticed my injury (tennis elbow) on November 10th, while I was drilling holes to put conduit through a wall. I also recalled that same date in a recorded statement to the insurance adjuster. My coworkers said we were doing something very different that day and we were not drilling or handling anything heavy. Based on this discrepancy, my claim was denied in its entirety. I acknowledge that I got the date wrong, and I was wondering if there is any way to turn this around.
That is a hard one to undo however it certainly is not impossible. If there was another day that everyone agrees that you were doing that task then you can try to make the adjuster understand that it was an honest mistake on your part. If no one agrees on the date then if you were here you would likely need an attorney to file for a hearing to get this decided. I suggest that you talk to an attorney there asap.
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You would be well-advised to do a face-to-face consult with a local work comp attorney. Turning around a denied case can be complicated, and you will want to talk to a local attorney who can get all the facts and best advise you to protect your rights. You can contact an attorney through this site, by clicking the "Find a Lawyer" tab at the top of this page and then searching for a workers compensation attorney in your city and state. Best of luck to you.
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That is a common mistake. I would strongly advise that you seek an attorney to assist you in your claim. The Division of Workers' Compensation provides ombudsman which provide assistance to non-represented injured workers. But, this is not the same as having a licensed attorney representing you. There are very qualified attorneys in Austin that can help you with your case. Use the find an attorney tool or you can call my office and we'll suggest a couple of good attorneys. Contact them before you go to your Benefit Review Conference.
This happens quite a bit. But now that your case is in dispute, I don't think the carrier will accept anytime later. Contact the DWC or a local workers comp lawyer to assist you. Looks like you'll have to go to a hearing to resolve your issue. Good luck.
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