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Know the steps of the workers’ compensation appeals process

| Jun 29, 2020 | Workers' Compensation |

Workplace injuries often take unsuspecting workers by surprise. Many of them don’t have the savings that are necessary to cover the medical expenses and rehabilitation costs associated with an on-the-job injury, let alone lost wages. A lot of these injured workers rely on their paychecks week after week in order to make ends meet. This can be stressful, but the good news is that these injured workers may be able to obtain relief through the workers’ compensation system.

But what happens if your claim is denied? Do you just need to accept that you won’t be able to recover compensation for your losses? Absolutely not. You have the ability to apply your denied claim, and should do so if you feel like your claim was wrongly denied.

There are several steps of the appellate process. The first is a benefit review conference. Here, you simply meet with your employer’s insurance company to see if you can negotiate a resolution. If that doesn’t work in your favor, then you can seek a hearing in front of an administrative law judge. Here, you’ll want to present evidence demonstrating why your claim should be granted. If the administrative law judge still denies your claim, you can petition for reconsideration with additional evidence.

Even if a petition to reconsider is unsuccessful, you still have options. You can appeal your denial to the Kentucky Workers’ Compensation Board, but it’s important to note that the Board won’t consider new evidence. Instead, it will only look at the evidence presented to the administrative law judge and determine whether that decision was appropriate. After that point, the matter can be appealed to the Kentucky Court of Appeals.

Workers’ compensation benefits can provide you with a lifeline during a time when your income has ceased and your wellbeing hinges on your ability to pay for needed medical treatment. With so much at stake, you need to be as aggressive as possible in seeking the benefits you deserve. This means being armed with strong factual evidence in light of the law, and crafting compelling legal arguments that further your interests. If you think that you could benefit from assistance in building your workers’ compensation case, then you might want to consider discussing your claim with an attorney who is experienced in this area of the law.