Naomi Soldon understands the frustration and financial hardship that come with a denied workers’ compensation claim. When union workers suffer an injury on the job, they expect to receive benefits to cover medical expenses, rehabilitation, and lost wages. However, insurance companies and employers often deny claims, leaving workers in difficult situations where they must fight for what they are owed. The appeals process can be complex, and without proper legal guidance and union support, many workers feel pressured to accept a denial or an inadequate settlement. Naomi Soldon believes that understanding why claims are denied, the necessary steps for filing an appeal, and the role of unions in supporting injured workers are all essential in securing a fair resolution. Taking the right approach can lead to a successful appeal, allowing workers to obtain the compensation they rightfully deserve.
Naomi Soldon on Common Reasons for Workers’ Compensation Denials
Workers often feel blindsided when their claims are rejected, but denials are more common than people realize. Naomi Soldon explains that employers or insurers frequently argue that the injury was not work-related, that the worker failed to report the incident on time, or that there is insufficient medical evidence to support the claim. Some employers claim that the injury was pre-existing, making it ineligible for compensation. In other cases, simple clerical errors in paperwork lead to immediate rejection. Each state has specific laws governing workers’ compensation, which dictate the claims process, deadlines, and required documentation. A mistake as small as missing a filing deadline or failing to include detailed medical records can result in an automatic denial. Because of these complexities, injured workers need to approach their appeal with the right information, strong legal representation, and union support.
Understanding the Appeal Process According to Naomi Soldon
A denied workers’ compensation claim does not mean the end of the road. Naomi Soldon emphasizes that the first step after receiving a denial notice is to carefully review the explanation provided by the insurance company or employer. Understanding the reason for the denial is crucial in determining the next steps. Once the reason is identified, the worker must prepare to file a formal appeal. Each state has specific deadlines, and missing these deadlines can result in losing the right to contest the denial. Some states require a hearing before an administrative judge, while others involve mediation or a review by a workers’ compensation board.
Gathering evidence is essential when appealing a denial. Naomi Soldon advises that injured workers must obtain comprehensive medical reports, statements from witnesses, and any accident reports to strengthen their case. The more documentation available, the stronger the appeal. Without sufficient evidence, overturning a denial becomes significantly more challenging.
Legal representation is often the deciding factor in whether an appeal is successful. Naomi Soldon urges injured workers to seek an attorney who specializes in workers’ compensation cases. Having legal counsel ensures that paperwork is filed correctly, deadlines are met, and arguments are properly structured. A lawyer can present medical evidence, dispute employer claims, and negotiate settlements on behalf of the worker. Without legal guidance, injured workers may struggle to navigate the complexities of the appeals process, which can result in further delays or an unsuccessful claim.
The Role of Unions in Supporting Injured Workers: Insights from Naomi Soldon
Union support is one of the most powerful tools available to injured workers facing a denied claim. Naomi Soldon highlights that unions provide advocacy, legal resources, and guidance throughout the claims and appeals process. Many unions have legal teams or partnerships with experienced workers’ compensation attorneys who specialize in handling appeals.
Beyond legal assistance, unions provide critical resources to ensure that workers understand their rights and responsibilities when filing a claim. They help injured employees gather necessary evidence and documentation, ensuring that appeals meet the legal requirements. Unions also protect workers from employer retaliation, which is an unfortunate reality in some cases. Employers may attempt to discourage injured workers from appealing their claims by threatening job loss, demotion, or other retaliatory measures. Naomi Soldon stresses that unions are instrumental in holding employers accountable and preventing these unlawful practices.
Naomi Soldon on Employer Pushback and How to Fight Back
Even after filing an appeal, workers may continue to face resistance from their employers or insurance companies. Naomi Soldon explains that employers often use delay tactics to frustrate workers into giving up on their claims. Some employers dispute the severity of the injury, arguing that the worker is exaggerating symptoms to receive benefits. Others may pressure doctors to minimize the extent of the injury, making it more difficult for workers to prove that they are entitled to compensation.
Settlements are another area where workers must be cautious. Employers and insurance companies frequently offer low settlements that do not fully cover medical costs or lost wages. Naomi Soldon advises that workers should never accept a settlement without consulting an attorney first. Accepting an offer without understanding its long-term impact can prevent workers from pursuing additional compensation later if their condition worsens. Having strong legal and union support can help workers counteract these employer strategies and ensure they receive fair compensation.
Medical Evidence and Its Impact on Workers’ Compensation Appeals
Medical evidence is one of the most critical components of a successful workers’ compensation appeal. Naomi Soldon stresses that workers should ensure their medical reports are detailed and accurately describe the injury and its impact on their ability to work. A strong medical report should include a diagnosis of the injury, treatment plans, and a physician’s statement explicitly linking the injury to work-related activities. Without this crucial evidence, employers and insurance companies may argue that the injury is unrelated to job duties, making it harder for the worker to secure benefits.
Employers often require injured workers to undergo independent medical examinations, commonly referred to as IMEs. Naomi Soldon warns that these examinations are often conducted by doctors selected by the employer’s insurance company, which can lead to biased assessments. Workers should always have their own medical provider review IME reports to dispute any inaccuracies. If an IME doctor minimizes the severity of an injury, a second opinion from a trusted physician can serve as a powerful counterargument in an appeal.
The Importance of Legal Representation in Workers’ Compensation Appeals
Having a qualified attorney can significantly improve a worker’s chances of winning an appeal. Naomi Soldon emphasizes that workers’ compensation attorneys understand state-specific laws, employer strategies, and how to present compelling legal arguments. In many cases, appeals require hearings before a judge or workers’ compensation board, and attorneys play a crucial role in presenting medical and witness testimony, cross-examining employer representatives, and challenging weak evidence used to deny the claim.
Some cases require multiple levels of appeal, including administrative hearings and court proceedings. Naomi Soldon explains that a workers’ compensation attorney can guide clients through this complex process and increase the likelihood of a successful resolution. Without legal representation, many workers struggle to counter employer pushback or navigate procedural challenges that can make it difficult to win an appeal.
Final Thoughts from Naomi Soldon on Fighting a Denied Claim
For union workers, a denied workers’ compensation claim should never be seen as the final decision. Naomi Soldon has witnessed firsthand how persistence, legal expertise, and union advocacy can help workers overturn denials and secure the benefits they rightfully deserve. Understanding the appeals process, collecting strong medical evidence, and leveraging union support all contribute to a successful outcome.
Naomi Soldon encourages injured workers to take immediate action after a denial by seeking legal assistance and working closely with their union representatives. With the right strategy, workers can fight back against unfair claim denials and ensure they receive the financial support they need for their recovery and future stability.
