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Can you appeal a denied workers’ comp claim?

On Behalf of | Jun 18, 2022 | Workers' Compensation

If you get injured at work, like others, you will likely rely on your employer’s workers’ compensation coverage. Through these benefits, you may receive support such as coverage of your related medical expenses and partial wage replacement.

Although most work-related injury claims go through without issue, employers or their insurance companies sometimes deny people’s claims for workers’ compensation. Should you find yourself in such a situation, you will benefit from understanding your options for appealing the decision.

Informal hearing

According to the Connecticut Workers’ Compensation Commission, workers’ compensation disputes generally first go through an informal hearing. Overseen by an administrative law judge, this conference will typically last about 15 minutes. The judge acts as a mediator and impartial investigator to determine the appropriate benefit awards.

Formal hearing

If unable to resolve your dispute through an informal hearing, you may proceed to the next stage and request a formal hearing. Resembling a court trial but subject to different rules, the administrative law judge in your hearing will make inquiries to help determine the rights and intent of both sides. After reviewing the presented evidence, which may include things such as oral or deposition testimony, the judge will issue a finding and award or a finding and dismissal.

Review board appeal

Within 20 days of receiving the formal hearing decision in your claim, you or your employer has the right to appeal the decision. In such cases, your case will proceed to an appeal before the Workers’ Compensation Commission review board. The board, which consists of the commission chairperson and two administrative law judges, will only hear new evidence under certain circumstances. It will base its decision on the formal hearing’s record.

If you suffer an occupational injury or illness or injury and your employer denies you the benefits you deserve, you may consider your options, such as appealing the decision, for recovering the compensation you need.