Minnesota Workers’ Compensation Lawyer
If your workers’ comp claim has been denied by the insurance company, it is your right to file an appeal with the Minnesota Department of Labor & Industry. Before filing this appeal, you should review all of the reasons the insurance company gave for denying the claim. When the claim was denied, the insurance company should have sent you a form that explains the legal and factual grounds for the denial. You may find that the reason is the insurer disputing that the injury is work-related. This is a common reason for being denied.
If your workers’ compensation claim has been denied, you may be able to file an appeal. With the help of an experienced St. Paul work comp lawyer, you can provide the information the insurance company needs to approve that claim. Plus, having an advocate in your corner increases the chances that the claim will be approved.
Guidance Through The Appeals Process
To start the appeals process, an Employee’s Claim Petition must be completed. This document allows you to explain when and how the injury happened, what medical treatments have been received, and what benefits are being sought. You can provide your doctor’s report with this document so you have the proper support for your claim. Your attorney will review everything with you and ensure all supporting documents are included.
Your employer and the workers’ compensation insurance company will also receive a copy of the petition. You usually have three years from the date of your accident report to your employer to file the petition.
When You Are Still Denied
There are times when a denial is still issued, but that still doesn’t mean your claim isn’t legitimate. It is possible for the case to go to the Office of Administrative Hearings where a more formal hearing will be held by a workers’ comp judge. The judge is appointed to the case and the hearing is very similar to a civil trial in that evidence and testimony can be presented. The difference is that there is no jury. Only the judge hears the case, making rulings on evidence and procedure and determining what documents and testimony should be considered.
After the hearing, the judge will issue their decision in writing within 30 to 60 days. If the judge still denies the claim, then an appeal can be filed with the Minnesota Workers’ Compensation Court of Appeals. There is a time limit in which your St. Paul work comp lawyer will need to file this appeal, which is 60 days. The rules are complex in this case, but you will have an attorney working by your side who is highly knowledgeable of these rules.
Contact A St. Paul Work Comp Lawyer
A workers’ comp claim denial can be very frustrating, especially when you know you have a legitimate claim. The fact is that most claims are denied the first time they are filed, requiring an appeal in order to get the approval. Many claims are approved after the appeal, allowing injured workers to receive the benefits that they deserve. To learn more about what to do if your claim is denied, call the Law Office of Joshua Borken at (651) 505-3580 to schedule a free consultation.