If Your Workers’ Compensation Claim Has Been Denied, Our Skilled Lawyers Can Help You to Appeal
Applying for workers’ compensation benefits after suffering an on-the-job injury can provide you with the financial relief you need. However, if your workers’ compensation claim is denied, you may be feeling hopeless and confused about where to turn next. Our experienced Nebraska workers’ compensation lawyers at Andres Law Offices PC LLO are here to help you understand your rights to appeal a denied workers’ compensation claim, as well as how to improve your chances of recovering the workers’ compensation settlement you deserve.
There are a number of reasons why a claim for workers’ compensation may be denied, including allegations that the injury did not occur at work, that the injury was preexisting, or that the injured employee failed to report the injury in the required timeframe.
If your workers’ compensation claim has been denied, the first step is hiring an experienced workers’ compensation lawyer. Your lawyer can help you to understand the reason for denial and may be able to work with the insurance company/your employer to get you the benefits you deserve. If this informal practice is unsuccessful, the next step is beginning the formal litigation process by filing a petition.
The petition must be filed within two years of the date of your accident. The petition asserts that you were denied benefits to which you were entitled under workers’ compensation, and requests a hearing before a judge. At the hearing, both you and the insurance company will have an opportunity to present evidence supporting each case. Ultimately, the judge will issue a decision, which you also have the right to appeal if you are not in agreement with it. This would involve filing an appeal with the Nebraska Court of Appeals. If that too was unsuccessful, your last and final option is to file an appeal with the Nebraska Supreme Court.
There is no requirement to hire an attorney when you are appealing a denied workers’ compensation claim, but working with a lawyer is often a huge help to a case. An experienced attorney who understands workers’ compensation law will be confident in:
Assessing your case and determining why your claim was denied and the best course of action moving forward;
Gathering evidence to support your claim and working with experts who will add clout to your case;
Negotiating with the insurance company; and
Representing you during your hearing and in litigation if necessary.
The experienced Omaha workers’ compensation attorneys at Andres law Offices PC LLO are available to review your case for free today. We work on a contingency fee basis and never collect a fee unless you get a settlement. To schedule your free case review, call our law offices today at 402-491-4003 or send us a message at your convenience.