While it is sometimes possible to resolve a dispute over a workers’ compensation claim by providing additional evidence or correcting minor mistakes in an application, it is not uncommon for more dramatic measures to be necessary. Depending on the circumstances, you may need to go through third-party mediation, request a hearing before a judge, or even take things further to the very top of the Missouri court system.
Appealing a workers’ comp claim can be an extremely lengthy and complicated process, and it is not one you want to go through without a dedicated workers’ compensation attorney on your side. Insurance companies will never prioritize your best interests in this situation. A Creve Coeur workers’ compensation appeals lawyer at OnderLaw can tenaciously advocate for your rights and demand the benefits you deserve, no matter what it takes.
When a workers’ comp claim denial or a dispute over benefits cannot be resolved by speaking directly with the employer or insurance company responsible for the rejection, the first step in the appeals process is filing a Request for review. Anyone with a workers’ comp claim denied in Missouri has 20 days to do this, after which point the Division of Workers’ Compensation will review the claim and determine whether they can bring things to an amicable conclusion.
If the division cannot resolve the claim during this initial review, they will often refer the case for mediation. During this, a third-party mediator would attempt to work with both sides of the dispute to find a solution that works for everybody. Importantly, though, this process requires all parties involved in the dispute to consent to participate in mediation. An experienced Creve Coeur workers’ compensation appeals attorney can be a vital source of legal and tactical support both before and during this kind of session. At OnderLaw, we are on your side and by your side every step of the way.
When mediation cannot resolve a workers’ comp claim, or if both parties do not consent to participate in mediation, the next step is a formal hearing before an administrative law judge (ALJ). Before the hearing occurs, all involved parties will typically have a pre-hearing conference with the ALJ, so the judge can understand the issue(s) at play and formally set a date for the hearing.
During the hearing, all parties will have opportunities to present evidence and testimony in support of their position, and the ALJ will make a decision based on that evidence as well as their interpretation of the claim as a whole. A claimant who disagrees with the ALJ’s ruling has 20 days after receiving notice of the judge’s decision to appeal it to the state Labor and Industrial Relations Commission.
If the commission also passes down an unfavorable decision, the claimant has 30 days to appeal to the state Court of Appeals. The final option for appealing a workers’ compensation claim in Creve Coeur is requesting review by the Missouri Supreme Court, although it is rare for a case to progress to this stage. Our team at OnderLaw is prepared to go as far as it takes to help you seek justice.
Appealing a workers’ compensation claim denial can be an invaluable way of ensuring you get the benefits you deserve. However, it can be an evidence-intensive and legally complex process, and claimants without legal representation tend to have an extremely difficult time achieving successful results.
Retaining a Creve Coeur workers’ compensation appeals lawyer at OnderLaw can make all the difference in the results you get from this process. Call today for a free consultation with one of our committed legal professionals.
