Securing workers’ compensation benefits is not always easy. While many injured workers are approved for benefits without any issues, some are surprised to learn that their claim has been denied. Fortunately, this decision is not final. Here’s how to appeal a denied workers’ compensation claim:
File An Appeal
If the administrative law judge has denied your claim, it’s important to file an appeal as soon as possible. This is because you only have 10 days from the date the judgment was issued to appeal to the Workers’ Compensation Commission. Filing an appeal costs $175, so be prepared for this expense.
Prepare For the Hearing
After the paperwork has been filed, the Workers’ Compensation Commission will schedule a hearing for your case. During the hearing, the commission will listen to arguments from both sides to gain a deeper understanding of your case. Then, the commission will need to determine whether they agree or disagree with the administrative law judge’s decision. The commission will only overturn the decision if they believe the judge was wrong based on the evidence presented in court.
Work with an attorney to prepare for this hearing. An attorney can gather the evidence and build a convincing case that clearly shows the commission that the judge made the wrong decision. An attorney can also make sure you are prepared for the hearing by explaining your role and what you should expect.
Wait For the Decision
After the hearing, the commission will send their decision to all of the parties involved. The commission’s decision is final unless either party decides to appeal to the Supreme Court. If you want the Supreme Court to review your case, you must file the appropriate paperwork within 20 days from the date the commission’s decision was issued. You will need to include a certified copy of the commission’s decision in the paperwork that you file with the Supreme Court. Your attorney will need to prepare this paperwork on your behalf to explain why you are choosing to appeal the decision. For example, if your attorney believes the commission’s decision violated a state law, this needs to be explained within the petition.
The Supreme Court will review your case, including the decisions made by both the administrative law judge and commission. Then, the Supreme Court will issue a ruling that either supports or rejects the decisions made by the judge and commission.
Has your workers’ compensation claim been denied? If so, contact the experienced attorneys at Armstrong & Vaught, P.L.C. at once. Our team will fight tirelessly to appeal this decision and secure the benefits you deserve. Call us at (918) 582-2500 or toll-free at (800) 722-8880 or complete the simple form below for a free consultation with a skilled attorney.