If your workers’ compensation claim has been denied by your employer’s insurance company, you have the right to file an appeal with the Minnesota Department of Labor & Industry. However, you want to secure the representation of a St. Cloud workers’ compensation lawyer in order to file this appeal so you have a greater chance of getting the approval that you need to help you recover.
When you seek legal representation, your lawyer will review the reasons why the insurance company denied the claim. The insurance company will send a letter that explains the grounds for the denial. Sometimes the reason is as simple as an omission. Other times it is the insurer disputing that the injury was work-related.
Filing Your Appeal
The appeals process starts with the Employee’s Claim Petition. This is the document that you can use to explain how and when the injury occurred, the medical treatments you have received, and the exact benefits you are seeking. Your attorney can help you determine which benefits are appropriate for your situation because there are different types.
Once you have given the details, you must provide your doctor’s report with the form so that your claim is supported. Your attorney will review everything before submitting the documents to ensure that all accounts are adequately and thoroughly explained and supported.
The employer also receives a copy of the petition. You have three years from the date of reporting the injury to your employer to file this petition.
Aggressive Appeals Representation
There are times that the claim is still denied, but that doesn’t mean it’s the end of the road. Your St. Cloud Workers’ Compensation lawyer can take your case to the Office of Administrative Hearings to request a formal hearing that is presided over by a workers’ comp judge. The judge is appointed and the format is like a civil trial. Testimony and evidence can be presented and the judge will rule whether to approve or deny the claim. The judge has up to two months to make their decision.
The next step in the process if the judge denies the claim is the Minnesota Workers’ Compensation Court of Appeals. There is a 60-day deadline to file the appeal. The rules are more complex, which is why it is imperative to have an attorney by your side.
When a claim is approved, it doesn’t take long before benefits are received so that you can start the healing process and possibly go back to work in the future.
Contact A St. Cloud Workers’ Compensation Lawyer
A workers’ comp claim denial can be difficult to cope with because it is the only way many injured workers have to replace lost wages and receive adequate medical care. If your workers’ compensation claim has been denied, this isn’t the end of the road. With the help of the Walz Law Office, you can appeal the denial and get the compensation that you deserve. To learn more about how we can help you, call us at (320) 251-5000 or toll-free at (888) 253-3922 to request a free consultation.