By Pyle Law Firm, May 8 2019 10:16PM
Kansas’s workers’ compensation program provides injured workers with certain benefits regardless of fault. The fact that the workers’ compensation law provides benefits on a no-fault basis may make you think that getting benefits is going to be as simple as filling out some paperwork and submitting it to your employer’s workers’ compensation insurance provider. Unfortunately, workers’ compensation insurers are for-profit companies that will take any opportunity to deny a claim.
If you claim has been denied, it’s critical to understand that you have legal recourse and that you can appeal the insurance company’s decision.
The Workers’ Compensation Appeals Process
If you claim has been denied by your employer or your employer’s insurer, the first thing you need to do is let them know that you are going to request a preliminary hearing and why you believe your claim was denied in error. Then, contact the Kansas Workers’ Compensation Commission and formally request a hearing.
The preliminary hearing will be heard by a judge.
These hearings are not as formal as an actual trial, but both sides will be able to present evidence in support of their positions. At the conclusion of the hearing, the judge will issue a decision, which can be appealed by either party. If it is appealed, the next step is a formal hearing heard by an administrative law judge. If a party disagrees with the ALJ’s decision, that decision can be appealed to the Workers’ Compensation Board within ten days. Finally, the Board’s decision can be appealed to the Kansas Court of Appeals once the Director certifies the record.
When to Hire a Workers’ Compensation Attorney
As the information above should make clear, the workers’ compensation appeals process is extremely complicated. For this reason, anyone appealing a denial of a workers’ compensation claim should retain an attorney as soon a possible. In fact, the best way to avoid a denial in the first place is to call an experienced McPherson workers’ compensation lawyer as soon as possible after you sustain an on-the-job injury.
Some of the ways that a lawyer can help you ensure that you get the benefits you need as quickly as possible include:
Ensuring that your paperwork is complete and is supported by appropriate evidence
Communicating with your employer and insurance company on your behalf
Appealing a denial of your claim as soon as possible
Representing you in any hearings that occur in regard to your case
Filing a lawsuit on your behalf and representing you in court
Call Us Today to Schedule a Free Case Evaluation with a Workers’ Compensation Attorney in McPherson, Kansas
If you had your workers’ compensation claim denied or have yet to file a claim after an on-the-job accident, it’s in your best interest to speak with a McPherson workers’ compensation lawyer as soon as you can. Pyle Law Firm has been helping clients for more than 20 years and knows how to get injured workers the benefits they deserve. To schedule a free case evaluation with Mr. Pyle, call our office today at (888) 381-1155 or contact us online.