If you have filed a claim for workers’ compensation benefits after being diagnosed with an occupational disease or after suffering an injury in a workplace accident, you want access to the benefits that you are entitled to receive. Often, legitimate workers’ compensation claims are denied. If your claim is denied or if your benefits have been stopped, you will want to appeal the decision. During an appeal, you argue your case and present evidence to show that you have been wrongfully denied access to the benefits that you need in such situations. Strict statutes of limitations and deadlines apply to all phases of a workers’ compensation claim, including the appeals process. Filing An Appeal When your workers’ compensation claim is denied, you will receive a notification that tells you that your claim for benefits was denied. This notice should tell you why your claim was denied. For example, they did not believe your injury was from the workplace accident. Or, they knew you had a previous shoulder surgery, so they felt your shoulder injury was pre-existing. It will then tell you how you can appeal that decision. It will also tell you how many days you have so you can file your appeal. If your appeal is not filed by the deadline, or if the paperwork is received too late, your claim will be closed, and you will not receive access to the benefits. When you file an appeal, you will need to provide evidence to support your claim and to argue against the reason or reasons that your claim was denied initially. Meeting The Deadlines The deadline for filing an appeal depends on the state laws where you are employed. Usually, you have 30 days from the date of the notice to get your appeal filed. Usually, workers’ compensation is handled by administrative law. This means that there will be an administrative hearing to determine the outcome of your case and whether you are eligible to receive benefits. You should enlist the help of a workers’ compensation attorney to ensure the appeal is properly filed and to make sure your claim is handled in an efficient and effective manner. You would not want to appear in court without a lawyer, so filing an appeal is the same way. Consult With A Workers’ Compensation Attorney If you are suffering from a workplace injury and you have been denied workers’ compensation benefits, you should consult with a workers’ compensation attorney. An attorney can have a significant impact on the outcome of your case and can help you access the benefits that you need during such a trying time. Complete the Free Case Evaluation Form on this page to share your details with a lawyer in your area who can help you file your appeal and get your claim back on the right track. Time is of the essence, so talk with an attorney in your state today! Don’t lose access to benefits that you need. Additional Resources My Claim Was Denied. Can I Appeal It? How Many Times Can I Appeal My Case?
