Navigating The Workers’ Compensation Appeals Process
Suppose you’ve contracted a work-related injury in the workplace. If so, you can file a workers’ compensation claim for the injuries and other related damage.
Obtaining workers’ compensation is a whole process in itself. You need to gather all of the significant pieces of evidence to build your case, file a claim, and wait for the decision to come out.
Say you’re able to present a robust case; then, it’s likely that you’ll be able to receive compensation based on the amount you filed for.
However, denial of workers’ compensation claims is a grim reality you must face when it happens. Indeed, it can be frustrating and overwhelming to get your claim denied. But don’t worry; you have a legal pathway for recourse – it’s called the workers’ compensation appeals process.
Want to find out more about how to go through the whole appeals process? Read on below to learn more.
Workers’ Compensation 101
Workers’ compensation is a legal right employees all over the country enjoy. Nonetheless, keep in mind that the process for filing for workers’ compensation depends on where you’re living and working.
Say you’re from the state of New York (NY). If that’s the case, workers’ comp pay in NY is covered by governing state law stating that businesses operating in the state should have insurance coverage that protects their employees from various untoward incidents while they’re performing their job duties. Coverage can include disability benefits, loss of wages benefits, and so on.
The workers’ compensation process begins with the filing of a claim. Then, it’ll undergo processing with the employer and its insurance company. In case a claim denial happens, the applicant can file for a workers’ compensation appeal. In NY, the appeal will be processed by the state’s Workers’ Compensation Board, the official state government body tasked with handling related legal proceedings concerning workers’ compensation appeals.
Your Guide Going Through The Whole Workers’ Compensation Appeals
The appeals process is a complicated legal process wherein most workers are said to have difficulty wrapping their heads around. Don’t worry. The following points will help you out in navigating the whole process. Read on.
- Understand The Workers’ Compensation Laws In Your State
Workers’ compensation depends on the state where you’re working in.
It’s best that you conduct a comprehensive research about the current Workers’ Compensation laws in your state and all the nitty gritty details, such as what benefits your state government requires your employer and their insurer to provide to workers like you, the filing and claims process, what to do during the appeals process, and others. Indeed, that’s a whole lot to take in. If you want to save yourself from all the legal headaches, you ought to…
- Work With A Competent And Experienced Workers’ Compensation Lawyer
It can be helpful for you to seek the assistance of a workers’ compensation lawyer to help navigate the appeals process. To be specific, look for an attorney that’s well versed in the appeals process and is known to have a high success rate with their clients’ cases.
A workers’ compensation lawyer will lighten your load by doing all the legal legwork for you, including filing all the paperwork related to the appeal, formulating and submitting compelling and legally sound memoranda, attending hearings and arguing your case in front of authorities, and so much more.
Vet different lawyers and have a quick meeting with each one. Find out what each can offer to you and your appeals case.
- Review Your Initial Claims Filing To Find Out Weak Points
When preparing for your appeal, it’s essential that you and your lawyer review your initial claim to find out what went wrong.
Request for a report from the insurance company and employer that contains information about why the claim was denied or was partially granted. You and your attorney can use this information to form a legal strategy that’ll boost your chances of succeeding in the appeals process.
Then, gather all relevant documentation and evidence, such as incident reports, medical dossier records, and others, that are relevant to your claim that can be used for the impending appeals process.
- File For A Notice Of Appeals
You need to file a notice of appeals to the corresponding workers’ compensation agency in your state to formally kickstart the appeals process. Your lawyer will do this on your behalf.
- Stay Organized And Focused
During the appeals process, it’s important to stay organized and keep track of all deadlines and requirements set by the authorities. Missing a deadline or failing to provide the required information can result in your appeal being denied. Work closely with your lawyer and heed their reminders if you need to meet any deadlines.
- Take Note Of Other Legal Alternatives
In case an initial appeal is denied, you still have several legal pathways that you can pursue to receive workers’ compensation pay.
Depending on the laws in the state you’re living in, your attorney can file a motion pleading that the decision be reversed. If the pleading is still denied, your case can be next heard in front of a judge.
Other legal options include legal arbitration between you and your company and its insurer and so on.
Worry not. Your lawyer will determine what’s the best course of action to take to win your case.
There you have it. Keep the abovementioned points in mind if you’re going to undergo or are currently undergoing the appeals process.
To Conclude
Navigating the workers’ compensation appeals process can be challenging, but with the right information and support, you can successfully appeal a denied claim. Remember to act quickly, gather all relevant evidence, and follow all procedures and deadlines to ensure your rights are protected. All the best.
