When Should You Appeal a Workers Comp Case Decision?

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Robert Golan

Many people don’t consider appealing their worker’s compensation decision or denial, but most should. If you feel you have a valid claim but were sent a denial letter, or, if you feel the terms of compensation offered to you are not consistent with your policy, you should appeal. Too many people think that the initial decision made by workers compensation is the final decision. They believe they should only appeal if there is new information, or if there was an error in the paperwork. In reality, most people who are denied workers’ compensation should use their right to appeal. Workers compensation is an insurance, and it is in their best interest to deny or minimize payments of as many workers compensation claims as they legally can.

Statue of a gavel outside of a courthouse representing appeals of workers comp cases Queens, NY

If you are not happy with your workers’ compensation decision it is wise to consult with an attorney for disability appeals. They will help you understand your rights and work you through the process. A lawyer can also help you decide if you need to appeal your claim or request to have it reopened.

Appealing Verses Reopening

Appealing a workers’ compensation decision is not the same as reopening a claim. A claim can be reopened if something has changed. An appeal happens when the information you have and the extent of the injury remain the same as when the claim was filed.

When Should You Contact an Attorney?

An attorney should be contacted as soon as possible after getting your denial letter. A denied claim will usually have information about coverage, the process of appeal, and a stated deadline for that appeal. These things can vary from state to state, but are typically not more than 90 days.

What is the Process like?

There are many levels of review available if you feel the decision made was unfair. In many states the first step is for the appeal to be handled internally by the workers’ comp insurance company. Each company has their own process for review. If the decision is still unfavorable, the next step is to have the case heard before a workers’ compensation judge. From there, you can appeal to the Workers Compensation Bboard. After that decision, there are state appellate courts and, in rare instances, even the state Supreme Court, if the case is especially complex.

Is it Worth it?

A lawyer for disability appeals will be able to help you file for appeal, work with healthcare providers to gather relevant medical information, and assist in simplifying the process for you. Choose an experienced lawyer for disability appeals with experience and an in depth understanding of case law.

Some numbers suggest that as many as half of all initially denied claims are successfully appealed, though this varies from state to state.

If you wish to appeal a worker’s compensation decision and you reside in the Long Island, Queens, Nassau, or Suffolk areas of New York Robert Golan can assist you. He is an experienced attorney for disability appeals who is eager to help you get the compensation you deserve. Call today for a free lawyer consultation at (516) 586-3910.

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