If your worker’s compensation claim has been denied by the insurance company, the law says you can file an appeal with the Minnesota Department of Labor & Industry. The insurance company will state their reason for the denial, so it is important to review all of the reasons so you can rectify them. Sometimes the denial is due to a simple omission of information and other times it’s due to something more like the insurer contesting that the injury truly happened at work.
Fortunately, you have the right to obtain a Minneapolis workers’ compensation attorney to help you with the appeals process. When you have legal representation by your side, a great deal of stress is removed from the process.
Filing An Effective Appeal
The appeals process starts with the completion of an Employee’s Claim Petition. This document allows you to explain the events that led to the injury, the medical treatment you have received, and the benefits that you need. You can include your doctor’s report with this document so you can have the necessary support for your claim. Your attorney will make sure that you have all necessary documentation filed with your appeal.
Fighting Claim Denial
There are times when the appeal is denied. Some injured workers give up in this case, but you shouldn’t. the case may have to be heard before the Office of Administrative Hearings. This Is a more formal hearing that is held by a workers’ compensation judge. This appointed judge conducts a hearing that is much like a civil trial in that testimony and evidence can be presented. The primary difference is the absence of a jury. Only the judge hears and decides upon the case.
After the hearing, the judge issues his or her decision in writing within two months. If the judge still issues a denial, then you can file your appeal with the Minnesota Workers’ Compensation Court of Appeals. Your Minneapolis workers’ compensation lawyer will need to file the appeal in a timely manner, which is within 60 days of the last denial. The rules become more complex, but your attorney takes care of those complicated matters for you so you don’t have to.
Contact A Minneapolis Workers’ Compensation Lawyer
Workers’ Comp claim denials are very common. They are so common that over 70% of claims in Minnesota are initially denied. With the reason usually being a need for more information, sometimes information simply needs to be provided. Other times, the reason is much deeper than a need for more information. Whatever the reason for the denial, your attorney can help you through the process. To learn more about how Fishman, Carp, Bescheinen & Van Berkom, LTD can help you, call 952-546-6000 to schedule a free consultation.