Petitioning For An Appeal

Every year, employers and insurance carriers will reject many claims for temporary or permanent disability benefits. These rejections can occur for many different reasons.  A rejection does not necessarily mean that a worker is ineligible for workers compensation benefits or that their initial claim was not valid. In order to take situations such as these into account, there is an appeal process available to workers whose claims were initially denied. Injured employees who need benefits and have valid claims that were rejected then have another opportunity to submit their claim. Although an appeal does not guarantee approval, it does increase an applicant’s chances because they have the opportunity to correct any mistakes that may have led to an initial rejection.

Filing an Appeal

Presenting an appeal that addresses any potential discrepancies or mistakes on the initial application will increase its chances of being approved. Claims often go through simple checklists that. If they fail to meet certain requirements, claims are simply rejected. If you are considering appealing a claim that was initially denied, the following are a few guidelines to keep in mind:

  • Cause of Rejection: if the reason behind the initial rejection does not change, the appeal will likely be rejected for the exact same reason. Appeals should be used to address the issues that led to the initial rejection and should include new information to help create a stronger claim
  • Fill out Required Paperwork: Petitioning for an appeal requires certain paperwork to be accurately completed and submitted. Slight mistakes can be reason for the claim to be rejected again, so filling out everything absolutely perfectly is imperative.

Court disputes that cannot be settled in mediation will go to court. While legal representation is not required, it is highly recommended, as the employer or insurance carrier will almost certainly have their own legal counsel

Successful Appeals

If you are considering petitioning for an appeal, you may want to discuss your potential legal options with an a workers compensation attorney.