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Photo of Michael Eubanks & James W. Baechtold
Photo of Michael F. Eubanks and James W. Baechtold

Appealing A Workers’ Compensation Claim In Kentucky

Last updated on October 16, 2024

There is no question that if your workers’ compensation claim gets denied, it is frustrating and disheartening to think about what to do next. At Shumate, Flaherty, Eubanks & Baechtold, our legal team understands that appealing a workers’ comp claim in Kentucky can feel overwhelming.

Since 1916, our firm has been committed to providing quality legal services to clients in Richmond and throughout Kentucky. Our experienced workers’ compensation attorneys can guide you through the appeals process and fight on your behalf for the benefits you deserve.

Why Does A Workers’ Comp Claim Get Denied?

It is not uncommon for workers’ compensation claims to get denied. Here are some common reasons why a claim might be denied in Kentucky:

  • Incomplete or inaccurate paperwork: Errors or omissions in the required documentation can lead to a denial.
  • Missed deadlines: Failing to file the claim within the specified time frame can result in a denial.
  • Insufficient medical evidence: Lack of adequate medical records to support the injury claim can cause denial.
  • Dispute over the injury: The employer or insurer may argue that the injury is not work-related.
  • Failure to report the injury promptly: Delays in reporting the injury to your employer can lead to skepticism about the claim’s validity.

Just because your workers’ comp claim gets denied does not mean it’s the end of the road. Our Kentucky workers’ comp appeal attorneys can help you navigate the appeals process and work toward securing the benefits you need.

What Can You Do After Your Workers’ Compensation Claim Gets Denied In Kentucky?

If your workers’ compensation claim is denied in Kentucky, you have the right to appeal the decision. Here’s what you can do to appeal your workers’ comp claim:

  • Request a reconsideration: You can ask the insurance company to reconsider their decision. This may involve providing additional evidence or clarification.
  • File a formal appeal: If a reconsideration request is not successful, you can file an appeal with the Kentucky Department of Workers’ Claims. This involves submitting a formal request and attending a hearing.

Our experienced litigators at Shumate, Flaherty, Eubanks & Baechtold can help you with appealing a workers’ comp claim in Kentucky. They can help you prepare for a hearing and present your case to the administrative law judge on your behalf.

In the event that the administrative law judge denies your appeal, you can still take your case to the Kentucky Workers’ Compensation Board and, if necessary, to the Kentucky Court of Appeals. Our workers’ compensation lawyers have successfully appealed workers’ compensation denials on behalf of our clients.

What Are My Chances For Appealing A Workers’ Compensation Claim In Kentucky?

The chances of successfully appealing a workers’ compensation claim in Kentucky depend on various factors, including the strength of the evidence, the reason for the initial denial and the quality of representation.

While there are no guarantees, having a knowledgeable attorney on your side can significantly improve your chances. Our firm has a long history of successfully helping clients appeal their denied claims and secure the benefits they deserve. They can guide you through the steps and help you decide what to do after a denied workers’ comp claim.

Consult A Kentucky Workers’ Comp Appeal Lawyer

If your workers’ compensation claim has been denied, don’t lose hope. Contact Shumate, Flaherty, Eubanks & Baechtold today to speak with an experienced Kentucky workers’ comp appeal lawyer. Call us at 800-494-9916 or send an inquiry through our website to schedule a consultation. We are here to help you navigate the appeals process and fight for your rights.