Steps To Resolution Of A Denied Workers’ Compensation Claim
To increase your chances of a successful workers’ compensation claim, do your part and follow the rules. For example, you must report your injury to your supervisor or another authority within 30 days of an injury or diagnosis of a repetitive stress injury. By consulting with a workers’ compensation lawyer early in your case, you may avoid troubles that can come from not following the proper claim process.
At Theisen Hubley Law, our Indiana workers’ compensation attorneys offer guidance and insights. We have helped many injured workers in Fort Wayne and elsewhere to obtain their rightful workers’ compensation benefits.
You Followed The Rules But Your Claim Was Denied. Now What?
Even if you do everything right, your employer’s workers’ compensation insurer may deny your claim. In this case, you may not receive the medical care and other benefits that you need and would normally expect after a workplace injury. If this happens, you have several options. You may seek to resolve a disputed claim, as follows:
1) You may pursue a better outcome through the informal dispute resolution process by filing an Application for Adjustment of Claim form within two years of the injury. Then a member of the Workers’ Compensation Board (WC board) may make a determination. You may pursue a claim this way without a lawyer, but a corporation must have legal counsel. At a hearing, you will be able to present compelling medical evidence to the member of the WC board. Your attorney can help you through this process, perhaps by bringing in medical experts to present opinions. After the hearing, the member of the board will make an “award,” or determination of the outcome.
2) If you are still unsatisfied, you may bring an appeal by filing an Application for Review by Full Board form within 30 days. The case should then be heard before the Worker’s Compensation Board.
3) The next level of appeal would be to the Court of Appeals.
4) Finally, a disputed case with merit may go to the Supreme Court of Indiana.
Most disputed cases can be resolved in the early stages of this sequence of applications, hearings and appeals. To increase the likelihood of a fair, timely outcome when your claim is in question, work with a knowledgeable attorney. Our lawyers’ 50 years of combined experience gives our clients an advantage in case of a denied claim.