Josh Guides You Through the Appeals Process
If you decide to appeal, the first step is filing an Employee’s Claim Petition form. This form gives you the chance to explain when and how your injury happened, the medical care you’ve received, and the benefits you’re requesting. You can also include your doctor’s report to strengthen your claim.
At the Law Office of Joshua Borken, we make the process simple and transparent for you. We will review the petition with you, make sure that everything is accurate, and that all the necessary documents are submitted. Once your petition is filed, both your employer and their workers’ compensation insurer will receive a copy.
It’s important that you take action within the time limits. Generally, you have up to three years from the date you reported the accident to your employer to submit your Employee’s Claim Petition.
Josh Helps When Your Claim Is Still Denied Again
It’s possible that your claim may be denied again. But that doesn’t mean your case isn’t valid or that you don’t deserve your full workers’ comp benefits. If it happens, your claim moves to the Court of Administrative Hearings for a more formal review by a workers’ compensation judge.
This hearing works a lot like a civil trial: both sides can present evidence and testimony. The key difference is that there’s no jury. The judge alone reviews the facts and evidence and makes the final decision.
After the hearing, the judge will issue a written decision within 30 to 60 days. If your claim is denied again, you still have the right to appeal to the Minnesota Workers’ Compensation Court of Appeals. But the timeline is strict, and your attorney must file the appeal within 60 days. The rules at this stage are complicated, but you won’t be navigating them alone. With Josh Borken and his team on your side, you’ll have an experienced workers’ comp attorney who will fight for your rights every step of the way.