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I Was Denied My Workers’ Compensation Claim, Now What?

by | Jul 11, 2018 | Workers' Compensation

“Justice delayed is justice denied.”
William E. Gladstone

Have you recently been denied a workers’ compensation claim? While the State of Kentucky allows for claims to be denied on the basis of certain requirements, you also have the right to object to the denial. Here are a few steps to help navigate you through the process of objecting to your claim’s denial.

#1 Enlist The Help Of A Workers’ Compensation Pro

When you receive a denial letter from the Kentucky Department of Workers’ Compensation claims, the letter will outline the process of how to file your appeal. Before you begin to take those steps, contact the experienced and proficient workers’ compensation professionals at Denney, Morgan, Rather & Gilbert. We can not only help demystify the process but help you avoid common pitfalls and prepare to represent you in imminent hearings. In addition, we may contact your employer or your employers’ insurance provider to hear from them as to why the claim was denied.

#2 Prepare For The Benefit Review Conference

Start gathering your medical information and we’ll discuss an appropriate settlement to seek from your employers’ insurance company. The Benefit Review Conference is where you and your employers’ insurance company will discuss the details of your claim and we will pursue your compensation. If your employers’ insurance provider is unwilling to agree to our requests, the denial objection will be scheduled for a hearing with an Administrative Law Judge.

#3 Here Comes The Judge

When we stand before the Administrative Law Judge, we will present all of the evidence we’ve collaborated with you to collect and present relevant witness testimony as well as testimony from your doctor. The judge will likely ask us to submit a written brief of the claim and within 60 days he or she will offer an official (but not necessarily final) decision.

#4 After The Hearing

If the judge upholds the claim denial, we will have 14 days to submit a petition asking the judge to reconsideration. This Petition For Reconsideration simply outlines the request and supporting reasons. At this point the judge will give his or her updated decision. This new decision will either reverse, amend, or maintain the previous decision.

The Advantage of Denney, Morgan, Rather & Gilbert

While our past success by no means guarantees future results, let our team leverage the benefit of our experience for the benefit of your claim. Over the course of our combined 20 years in workers’ compensation law, we have successfully represented clients injured in their duties at the Toyota auto Plant (Georgetown), 3M Plant (Cynthiana), Tokico (USA), Inc (Berea), and Trane (Lexington).

Contact Denney, Morgan, Rather & Gilbert, in Lexington today. We can be reached toll-free by phone at 859-908-1274 or contact us online now.