Four Steps Involved When Appealing a Workers’ Compensation Decision
If your employer’s workers’ compensation insurance provider denied your claim, you should appear the decision to get the benefits you are entitled to. However, the appeals process is usually hard to navigate without the assistance of a legal expert. Having a Virginia workers comp lawyer on your side can ease the burden you may need to carry. Speak with an attorney to know how they can help you and understand the steps involve in the appeals process. If you are considering appealing a workers’ comp decision, here are the steps you must take:
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Request a Hearing
If you are not happy with the outcome of your workers’ comp claim you can file a request for appeal up to thirty days from the date the decision was made. You will need to request a hearing before the Virginia Workers’ Compensation Commission. Once you file a request for a hearing, the commission will notify you of the date and time of the hearing. During the hearing, your attorney will present evidence that proves your claim must be accepted and paid.
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Attend a Prehearing Conference
You may need to take part in a prehearing conference before you appear at a hearing. This conference is held over the phone the administrative law judge (ALJ) assigned to your case will discuss the details that surround your workers’ comp claim and why it was denied. Also, you will be asked if you want to use a witness to support your appeal. It is important to engage in this discussion if the judge requires this; otherwise, your request for a hearing can be denied.
You and the insurance company will exchange evidence associated with your claim. This is called the discovery process and taking part in it’s a legal requirement. Also, you must sign medical release forms that authorize the insurance company of your employer and its lawyers to get medical records, doctor information, and tests. Also, you may need to take part in a deposition when you get a Notice of Deposition.
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At the hearing, you and your attorney must be present. The first part of the hearing is the introduction of your case by the ALJ and a review of the dispute. As the petitioner, you must testify first. The judge may ask you some questions and the lawyer of the insurance company may cross-examine you. But you can also cross-examine the witnesses of the insurer. You must take advantage of the hearing to present solid evidence that supports your workers’ comp claim. Your lawyer can help you organize notes, evidence, and records to present your case in the best light.
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