Appealing a Denied Claim

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Appealing a Workers' Comp Claim

If your workers' compensation claim has been denied, you may be able to file an appeal in order to still secure benefits. The first step to appealing your claim is to understand why it was denied. You may have to contact your employer's workers' compensation insurance carrier to learn the reason for the denial. Commonly, claims are denied because of mistakes in the paperwork, or lack of medical evidence to support the claim.



Benefit Review Conference

The appeal will be assigned to an Administrative Law Judge, who will hold a Benefit Review Conference between you and your employer. The judge will make a decision about your claim at this time. While you aren't required to bring a lawyer to this conference, it can make the difference between having your claim approved or having to further appeal the decision.

Hearing

If no agreement can be reached at the Benefit Review Conference, then a final hearing will be held, during which the claimant will be allowed to present evidence and testimony in support of their claim. The judge will then issue a decision for the claim within 60 days of the hearing.

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