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Appealing a Workers’ Compensation Claim

Employer holding up hand as a gesture to stop.

If your workers' compensation claim was denied, don't give up hope. There are ways to appeal a denial and get the benefits you deserve. In this post, we'll walk you through the process of appealing a workers' compensation claim and provide tips on how to strengthen your case. We also recommend seeking legal assistance to help increase your chances of winning your appeal.

Why Was My Claim Denied?

You may be wondering, “Why was my workers’ comp claim denied?” and the answer could vary. Below are some common reasons why claims are denied:

  • Your employer disputed the reason for your injury.
  • Your injury isn’t considered an injury that can be compensated for.
  • You did not report your injury fast enough.
  • You did not receive adequate medical treatment for your injury.
  • You did not have any evidence that the injury was work-related.

How do I File an Appeal?

If your claim gets denied, you’re allowed to appeal the judge’s decision which goes to the Workers Compensation Appeal Board. You have up to 20 days from the letter's postmark informing you about the judge’s decision to submit your appeal. Here are a few other crucial things to consider when filing an appeal:

  • Hold on to your letter of denial from the judge. You will need it for the appeal.
  • Send copies of your appeal to all necessary parties and double-check all of your paperwork.
  • Keep your statements as consistent as possible.

Unfortunately, we cannot give you an exact timeline for how long an appeal will take. If a judge has a heavy workload, you can expect a long delay in hearing a response. Your employer also plays a significant role in this—if they fight this claim, you can also expect a long wait.

Should I Hire a Lawyer?

While a worker’s compensation appeal does not require an attorney, we still recommend hiring one. Not only can a worker’s comp attorney gather evidence to strengthen your claim, but they can also assure all necessary paperwork is taken care of while you sit back and recover.

If you need workers’ compensation services, the Robert Peirce & Associates, P.C. team can take care of you. We have extensive experience handling claims and appeals and will work hard to get you the compensation you deserve.

To get in touch with a member of our team, call us at (844) 383-0565 or fill out a consultation request form on our website here.