Most employees statewide can collect workers’ compensation benefits if they sustain injuries while completing their job duties. However, insurers and employers often deny benefits due to errors or without valid reasoning. If a claim is denied, an employee and a knowledgeable workers’ compensation attorney may undergo the appeals process to receive benefits for their injuries.
Like the initial filing, the workers’ compensation appeal process is complex, and each step must be followed correctly. A Bear workers’ compensation appeals lawyer could help you gather the evidence you need to obtain approval and negotiate for the amount of benefits you deserve.
What is a Denial of Workers’ Compensation Benefits?
Although employees are entitled to benefits after a workplace injury, receiving approval is a challenging and often frustrating process. If an employer or insurer issues a denial of benefits, they may have a valid reason. However, in many cases, a denial is not warranted.
If an employee does not receive approval of benefits after suffering from an injury on the job, they can file a petition to appeal the decision. A skilled attorney in Bear could review and investigate a denial and help an injured employee navigate through the worker’s compensation appeal process.
The State Workers’ Compensation Appeal Process Explained
After a worker receives a denial of benefits notification, they can appeal the decision by filing a “Petition to Determine Compensation Due.” However, they must submit the petition within two years of the workplace incident.
After an injured party files a petition to appeal their workers’ compensation denial, they will receive notice of a pre-trial conference. With the help of a legal representative, an employee must then file a memorandum with the Office of Workers’ Compensation. During the conference, a hearing date for the Petition to be heard before the Industrial Accident Board will be set.
Workers’ Compensation Hearing
A workers’ compensation hearing will be scheduled within 120 days of a conference. During a hearing, all parties must appear before an Industrial Affairs Board. Attorneys for both an employer and an injured worker are given the opportunity to present their arguments to board members, before receiving a decision within 14 days.
Appeals Through the Court System
If an injured worker disagrees with the board’s decision, they may file an appeal to the superior court within 30 days of a workers’ compensation hearing. The court will review all evidence submitted by all parties involved and issue their final decision.
A seasoned lawyer in Bear could help an injured employee file a workers’ compensation appeal and ensure they follow the correct steps to increase their chances of a successful outcome.
Schedule a Consultation with a Seasoned Workers’ Compensation Appeals Attorney in Bear
Receiving a denial of benefits after applying for workers’ compensation does not mean you cannot collect payment after an incident or illness at work. If you could not agree on a settlement amount with your employer, or if you received a denial, reaching out to a skilled legal professional to appeal the decision could help you obtain the benefits you need to pay for your injuries.
A legal representative could ensure you get the full and fair payment you need to recover. Call a hardworking Bear workers’ compensation appeals lawyer to schedule a consultation and learn more about how to appeal your claim.