On-the-job accidents and work-related injuries and illnesses can put you out of work for months or years at a time. This can cause serious financial distress, especially if your worker’s comp claim is denied.
But don’t panic. If your workers’ compensation claim was denied, you still have the right to file an appeal and you can hire a worker’s compensation attorney to help you with the process. The attorneys at Brazil Sweeney Law Group in Minneapolis can help you understand your rights, navigate the workers’ compensation appeals process, and pursue the benefits you deserve for your recovery and financial security.
How to File an Appeal if Your Worker’s Comp Claim is Denied
If you received a worker’s compensation denial letter, you might feel defeated, but you still have options. Here’s what you can do to appeal that decision and continue fighting for the benefits you deserve.
1. Review Your Denial Letter
If your claim has been denied, the insurance company will state their reason in the denial letter that they sent you. So first, review your letter to understand the reason and check the deadline for your appeal. Common reasons workers comp claims get denied include:
- Omission of information
- Insufficient evidence that you were injured at work
- Injuries were pre-existing or not work-related
- Missing deadlines to report injuries or file paperwork
- Technical or clerical errors
Knowing the specific reason your claim was denied will make it easier to appeal.
2: Gather Evidence
Collect the missing information, additional documentation and evidence to support your claim including:
- Medical records
- Witness statements
- Medical expert statement
- Accident reports
- Documentation of workplace duties
- Photos or videos from your workplace
3. Dispute Your Denied Claim
From here, you have a few options if you disagree with the denial and wish to dispute it.
Request a Reconsideration
You can call the insurance claims adjuster who is handling your claim and ask them to reconsider the decision. This can be an effective option if there was an error or omission that’s easy to fix.
File an Appeal
You can file an Employee’s Claim Petition form at the Court of Administrative Hearings. This document allows you to explain the details of your injury, the events that led to it, when and how it occurred as well as the medical treatments you’ve received and what benefits you are seeking. You are able to include medical records and reports from your doctor to support your claim.
Consult with an Attorney
You can contact an experienced worker’s compensation attorney to help advise you on the best course of action. They can explain your rights, help you gather supporting documents and file the paperwork to dispute your denial, ensuring everything is handled correctly and timely.
4. Fighting a Denied Appeal
Often times that is the end of it but sometimes your appeal is denied, and you may need to file a petition to have a formal hearing before an administrative law judge. This appointed judge will review the evidence and hear testimony from all parties, much like in a civil trial but without a jury.
After the hearing, the judge will issue their decision. This decision can be appealed to the Minnesota Workers’ Compensation Court of Appeals. Appeals at this point can be quite the complicated legal process and it’s best to have an experienced workers’ comp attorney handle it.
Professional Legal Help for Your Workers’ Comp Appeal
Even if you received a worker’s compensation denial letter, you still have options. Let the attorneys at Brazil Sweeney Law Group in Minneapolis help. We can help you understand your rights, ensure your appeal is handled correctly, and represent you in hearings. There’s no fee unless we win. Call now for a free, no-obligation worker’s compensation case review and let us get to work for you.