Many people in Milwaukee assume that if they suffer an injury on the job that their workers' compensation claims will automatically be approved. But there are many reasons why claims are denied. If you recently filed a claim for benefits only to receive a denial letter, you do have options available.
You may challenge that denial by filing an appeal. Before you do, you should learn more about the process to avoid delays and complications with your case.
Request a hearing
It is important for you not to waste time when filing an appeal. You should contact the Workers' Comp Division of the Wisconsin Department of Workforce Development so you can fill out the necessary paperwork to request a hearing. During the hearing, you need to show evidence that supports the validity of your workers' compensation claim. You should gather all medical records, correspondence and any other supporting documents that can help prove your claim.
Hire an attorney
The workers' compensation appeals process is often very confusing and difficult for many people to navigate through on their own. You should consider hiring an attorney so he or she can explain the process to you, subpoena hard-to-retrieve evidence and meet all deadlines. Your lawyer can also ensure that you fill out all of your paperwork completely and properly to prevent further complications. Mistakes with documentation and not having sufficient evidence to support your claim during the hearing can result in another denial and you losing the opportunity to file a subsequent appeal.
If the administrative judge at the hearing denies your claim, you may qualify to file an appeal with the Labor and Industry Review Commission. You must submit your claim within 21 days or the denial stands and is not reversible.
It is common for some workers' compensation cases to be initially denied. The actions you take immediately afterward can determine if you will receive benefits. You should consider speaking to an attorney about your situation to learn your options.