If you have been injured on the job, you are eligible to pursue a claim for workers’ compensation benefits. If you have a legitimate claim and it is denied, you can file an appeal. An appeal is a complicated process that will require the assistance of a workers’ compensation attorney for it to be successful. Workers’ compensation claim denials must be appealed in a timely fashion. Usually, that is within 30 to 90 days of being notified of the claim being denied, but that depends on the state laws where you work. The letter should specify your timeframe for pursuing an appeal. The Appeals Process The appeals process is a complicated legal process that varies from one state to another. Usually, the appeals process involves a hearing before an administrative law judge. This hearing is set through a state workers’ compensation board or by the state labor department. There could be different appeals levels, but you will need to check with your state’s workers’ comp laws for specific details. You will need to bring any supporting documentation and evidence for your hearing, including medical records and documents that address the reason your claim was denied. These documents might include records from a second medical exam, a timesheet or records to show that you were on clock when the accident took place, and any other evidence such as eyewitness statements. The Hearing When you go to the hearing, the administrative law judge will go over the evidence and hear both sides of the story. He will let you explain what happened and why you think you qualify for workers’ compensation benefits then let your employer argue why you shouldn’t be approved for benefits. Any witnesses will also be asked to testify and give their account of your accident and injury. You should thoroughly understand the appeals procedures in your state, so make sure you review the state laws and talk with your workers’ compensation attorney. At the hearing, the judge will either issue a ruling as to whether you are approved for benefits or not, or he or she might take a few days to review the details and then send a written letter that renders the decision regarding your claim and the appeal you filed. Consult With a Workers’ Compensation Lawyer If you have suffered injuries at work and your claim for workers’ compensation benefits was denied, you should consult with a workers’ compensation attorney who practices in your state. You want a lawyer who is familiar with workplace accidents and who understands the workers’ compensation process in your state. Complete the Free Case Evaluation Form on this page to have the details of your workplace injury reviewed by a lawyer who is licensed to practice in your state. A strict statute of limitations applies, so get your claim on track before it is too late. Additional Resources How Long Do I Have to Appeal a Decision By a Judge? Will I Go to Court If I File a Workers’ Compensation Claim?
