If you have received a notification of denial for a workers’ compensation claim, you might be wondering if you have any other options left. After an insurance company denies a claim for workers’ compensation benefits, there may still be legal options that an individual could pursue. A person who was denied workers’ comp benefits could file an appeal with The Department of Industrial Accidents (DIA). The DIA is an agency that handles the administration of workers’ compensation benefits in Massachusetts. However, doing so would require help from an experienced legal advocate.
When pursuing workers’ compensation benefits following a denial, timeliness is important. Delays could prove to be detrimental, making it a priority to contact a skilled attorney today about appealing a workers’ compensation decision in Malden.
Steps of a Workers’ Comp Appeals Process
Following a denial of workers’ compensation benefits, you may wish to pursue an appeal. However, this process involves multiple steps. One of the first things you should look to accomplish first is accurately gathering the proper documentation and reporting information in the earlier stages of a workers’ comp claim. This could help you receive benefits without having to progress through several stages of the process.
The first stage of the process is conciliation. At conciliation, a conciliator may attempt to help you, and the insurance company, reach an agreement regarding the workers’ compensation claim. If conciliation does not lead to a desirable result, then you may wish to move on to a conference.
At a conference, an administrative judge may review the workers’ compensation claim and issue a decision. If the results are not favorable, then you could continue through the appeals process to a hearing.
At a hearing, the judge may hear evidence regarding the workers’ compensation claim. In addition, you may have the opportunity to call witnesses and provide testimony. Following a hearing, the next step in the process would be an appeal to the Reviewing Board.
The Reviewing Board may examine the transcript from the hearing and either affirm or reverse the decision. An attorney with prior experience in appealing a workers’ compensation decision in Malden could help an individual take their claim all the way to the appeals court, if necessary.
Deadline for Initiating Filing a Workers’ Compensation Appeal
The date of the injury and the date of the denial could be important in determining how much time you have to pursue an appeal with the DIA. An individual must submit the DIA claim form within four years of the injury or the denial. Since the deadline is an important part of appealing a Malden workers’ compensation claim, it is important to retain the services of a hardworking attorney for help with initiating this process as soon as possible.
Call a Malden Attorney About Appealing a Workers’ Comp Decision
Delays in pursuing an appeal can make it more difficult or impossible for an individual to get the benefits that they deserve. Do not wait to contact a lawyer about your workers’ compensation appeal. It could be necessary to gather records, bills, or medical opinions as you make your way through the appeals process. A lawyer may be able to assist you every step of the way. If you have been denied workers’ compensation benefits, contact an attorney about appealing a workers’ compensation decision in Malden as soon as you can.