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Appealing A Workers’ Compensation Claim In Kentucky

Last updated on February 21, 2025

If your workers’ compensation claim gets denied, there’s no denying that it can be frustrating and disheartening, and you’re likely left wondering what to do next. At Shumate, Flaherty & Eubanks, PSC, our attorney understands that appealing a workers’ compensation claim in Kentucky can feel overwhelming, and he is ready to help.

Since 1916, lawyers at our firm have been committed to providing quality legal services to clients in Richmond and throughout Kentucky. Today, our experienced workers’ compensation attorney, Michael Eubanks, can guide you through the appeals process and fight on your behalf for the benefits you deserve.

Why Does A Workers’ Compensation Claim Get Denied?

It is not uncommon for workers’ compensation claims to get denied. Reasons why a claim might be denied in Kentucky include the following:

  • 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’ compensation claim gets denied does not mean it’s the end of the road. Our Kentucky workers’ compensation attorney 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’ compensation claim:

  • Request a reconsideration: You can ask the Administrative Law Judge 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, or subsequently the Kentucky Court of Appeals.

Our experienced litigator can help you with appealing a workers’ compensation claim in Kentucky. He can assist you in preparing for a hearing and presenting 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 lawyer has successfully appealed workers’ compensation denials on behalf of our clients.

What Are Your 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 providing representation that has successfully helped clients appeal their denied claims and secure the benefits they deserve. Our workers’ compensation attorney can guide you through the steps and help you decide what to do after a denied workers’ compensation claim.

Consult A Kentucky Workers’ Compensation Appeal Lawyer

If your workers’ compensation claim has been denied, don’t lose hope. Contact our Richmond office today to speak with our experienced Kentucky workers’ compensation lawyer. To schedule a consultation, call us at 859-353-0878 or toll-free at 800-494-9916 or send an email.