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.
To discuss your case with a Louisville workers' comp lawyer, call Justice Law Office today!
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.
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.
Petition for Reconsideration
Hopefully your claim will be approved by the judge; however, if your claim is denied, you have 14 days to file a Petition for Reconsideration. This form allows you to state reasons why you disagree with the judges decision and ask him or her to reconsider.
Workers' Compensation Board
If the judge still upholds his decision after the Petition for Reconsideration, you can appeal further to the Workers' Compensation Board. The board consists of a three-member panel that will review the record from your administrative law hearing. Cases that appeal this far are rarely overturned, however, the Louisville workers' comp attorneys at Justice Law Office will not back down from a fight.
Justice Law Office is here to protect your right to workers' comp benefits. To get help filing your appeal, call us today!