Worker’s Compensation Appeals
Worker’s compensation is a form of insurance utilized by businesses to cover any damages that come as a result of suffering a work-related injury. This insurance provides the employee with particular benefits that include medical fees and other expense that are a direct result of the sustained injury. When an injured worker files for worker’s compensation, there is always a chance that the claim will be denied. When this happens, the worker has the right to file a worker’s compensation appeal.
Reasons for Denial
While worker’s compensation is available for a broad range of employees, the employer can deny a worker’s compensation claim. A few reasons why an application may be rejected include:
- The injury did not occur while performing job duties
- The injury came as a result of a preexisting condition
- Dispute over the cause of the injury
- When and where the injury was sustained is being disputed
- Whether any injuries were sustained is being disputed
An employee who believes that the denial of benefits is unjust has the right to appeal the decision.
How to Appeal
When a Wisconsin worker receives a worker’s compensation denial, it will come as a written notice from the workers’ compensation insurance carrier or employer. Within the notice will be how you can go about appealing the decision. During the initial appeal, the injured worker must:
- Request a hearing from Worker’s Compensation Division of the Wisconsin Department of Workplace Development (may be claimed online)
- The Division will assign your case to an Administrative Law Judge
- A hearing will be held about the denied claim
- Medical evidence must be provided to support the claim
This process may become more complicated than necessary if the worker chooses to appeal the decision without legal representation.
How A Worker’s Compensation Attorney Can Help
Appeal proceedings require extensive knowledge of procedures and evidence. If certain evidence is not provided at the start of the appeals process, there is a high possibility that it will be denied introduction later. Such small ramifications can be avoided with adequate legal representation.
A Milwaukee worker’s compensation attorney from Gillick, Wicht, Gillick & Graf can help you throughout the appeals process and see to it that you are accurately compensated for your work-related injury.
We have represented the injured worker for over 65 years and have also recovered Social Security Disability Insurance for various injuries and disabilities. We are here to help you through this tough time by aggressively seeking the compensation you deserve. Contact us today at 414-257-2667 to speak with an experienced Wisconsin worker’s compensation attorney. You don’t pay us anything until we win your case.
You have a claim if you suffered a loss because of a job-related injury. This means that, to get worker’s compensation, you have to show three things: