How to Appeal A Workers’ Compensation Claim Denial


Posted by: Chris

Workers’ compensation claims can be denied for a number of reasons. The insurance company may deny your claim if it was filed too late, you did not receive treatment for your injuries, or there’s not enough evidence that the injury happened at work. Fortunately, this is not the end of the road for injured workers who are in desperate need of workers’ compensation. If you have been denied, it’s important to learn how to appeal a workers’ compensation claim.

Fill Out Paperwork

If your employer’s insurance company denies your application for benefits, you have the option of appealing this decision. The first step is filling out Form 3, 3A, 3B, or 3C. Read the description of each form carefully to determine you have picked the right one for your case. You will also need to file Form 9 in order to request a hearing before an administrative law judge.

Preparing for the Hearing

It’s in your best interest to seek legal representation from an experienced attorney who can help you prepare for the hearing. At this point in the process, your attorney will exchange evidence with the other party to learn more about the case they are building against you. An attorney can also question witnesses to gather more evidence that can be used to support your side of the story.

The Hearing

At the hearing, your attorney will present all of the evidence that he has gathered in order to prove that you sustained the injury at work and are entitled to workers’ compensation under state law. The administrative law judge will hear from both sides and then decide whether or not you should receive workers’ compensation.

Appeals

If the judge rules against you, an attorney can help you appeal this decision by filing a Request for Review with the Workers’ Compensation Commission. If the commission does not agree with you either, you have the option of appealing to the Supreme Court, but this is rare.

Settlement

It’s possible that the insurance company will decide to settle with you once you have initiated the appeals process. Many settlements are reached in mediation, which is a voluntary process where both parties meet with a neutral third party in an effort to reach a resolution.

It’s important to let your attorney handle the appeals process so he can ensure you are compensated fairly for your injuries. If you are interested in filing an appeal, seek legal representation from the attorneys at Armstrong & Vaught, P.L.C. today. Call us at 918-582-2500, or toll free at (800) 722-8880, or contact us online to schedule a free consultation with an experienced attorney.