Having your workers’ compensation claim denied is discouraging, and you may feel like giving up altogether. However, there is a way to challenge the denial to obtain the benefits you deserve.
If you want to object to the denial
If your claim for benefits was denied and you want to object to the denial, you can begin by filing a case at a Division of Workers’ Compensation office. This office serves as a court for workers’ comp disputes. Cases at DWC go before a judge, not a jury.
After you file your case, you will get a notice confirming your case was filed. You will get a case number.
If you want a hearing, you can request one by filing a Declaration of Readiness to Proceed. The hearing is referred to as a “mandatory settlement conference.” You can be represented by an attorney at the hearing.
At the mandatory settlement conference, the judge will attempt to assist you and the claims administrator to reach a settlement to your dispute. If a settlement is not reached, a trial date will be set.
The trial is overseen by a new judge, and you must appear in person. The judge will issue a decision. If you want to object to this decision, the final step is to file a Petition for Reconsideration.
Know your options for appeal
Receiving a letter denying your application for workers’ compensation benefits can make you lose hope and only increases the concerns you have about your current financial situation, especially if your injury is preventing you from working entirely. Fortunately, there is a process for objecting to a denied claim for benefits. Doing so can be the lifeline you need to secure the benefits to which you are entitled.
