Sometimes, when you are pursuing a legitimate workers’ compensation claim, the insurance company still denies your claim and you must go to court and have a judge hear your case. Denials can happen for many different reasons, but it is important to remember that it does not have to be the end of your claim.
If you believe that your claim still has merit even though it was denied, you should contact a workers’ compensation attorney as soon as possible to inquire about filing an appeal.
Time Frame for Omaha Workers’ Compensation Appeals
When you receive a decision on your workers’ compensation case, you have thirty days to appeal the Workers’ Compensation Court’s decision. If you believe that it was unfairly or wrongfully denied, you need to contact an attorney as soon as possible to file your appeal. The thirty-day window alone is a very short period of time in which you will need to file an appeal, but you will also need to give any attorney you hire an ample amount of time in which to review the evidence in your claim and prepare your case for the appeal. Once your attorney is working on your case, they will assist you by representing you at the appeal and also developing a case strategy for presenting the reasoning why your appeal should be granted. However it is always best to speak with an attorney BEFORE you take a case to court as you may lose your right to an appeal if you improperly present your case to the Court.
Appeals When Your Nebraska Workers’ Compensation Benefits Have Been Cut Off
In addition to appealing the denial of an original decision by the Workers’ Compensation Court, insurance companies/employer may ask the judge to cut off or end your benefits. Sometimes, the insurance company attempts to end your benefits because they have deemed you able to return to work. This is a decision that can also be appealed and eventually overturned. Many insurance companies use evidence from an Independent Medical Exam (IME) to argue that the injuries to the worker are not still severe and that the worker no longer needs benefits. They can also use evidence such as physical activities the employee is currently engaging in. If this happens to you, you may still be able to appeal the decision and regain your benefits, but only if you act quickly and hire an attorney to represent you.
Frequently Asked Questions About the Appeals Process
- My workers’ compensation claim was denied. What are my next steps?
- The appeals process: how does it work?
- What are some common sense reasons a workers’ compensation claim is denied?
- What do I do if my benefits were denied or cut off by a judge?
Omaha Lawyers for Workers’ Compensation Appeals
The best advice is to speak to an attorney well before you take a case to Court. However, if you believe your claim has been unfairly denied or your benefits have been cut off, you need an experienced attorney to represent you. The window of time to file an appeal is very brief, so you should speak to an attorney as soon as possible. In considering which lawyer to choose for your appeal, we ask that you consider Putnam Law Offices to represent you in your Omaha Workers’ Compensation Appeal. Attorney Putnam is experienced in handling appeals before the Nebraska Workers’ Compensation Court, and is available to meet with you to discuss your case.
