You could be concerned about your family’s financial stability and future if your boss or the insurance provider that administers your employer’s workers’ compensation benefits rejects your claim. If your injuries are severe, you might not be capable of working again or only be able to do certain types of employment.
In Indiana, you have the ability to appeal the judgment if your claim for benefits as an injured worker has been rejected. You must persevere. After their original claims were rejected, we assisted numerous workers in filing an appeal and winning payments. But since you do not want a second rejection letter, you should get legal advice before moving forward. For legal advice, make sure to contact Fort Wayne workers’ compensation attorneys.
How to proceed if my workers’ compensation claim is rejected?
In Indiana, you have the legal right to challenge an employer’s denial of your workers’ compensation claim. Appeals go through various phases. You must complete Form 29109, titled “Application for Adjustment of Claim,” and submit it to the Indiana Worker’s Comp Board to begin the procedure.
The Workers’ Compensation Board hears workers’ compensation claim appeals. You possess two years from the time of your accident to submit a Request for Modification of Claim to the Board following Indiana law. Through such a dispute resolution procedure, the Ombudsman branch of the Indiana Worker’s Comp Board can settle an issue you and your employer have.
How to appeal an Indiana workers’ compensation claim?
You can appeal the single-hearing judge’s judgment if you disagree with it or the number of benefits granted to you. You must ask the seven Worker’s Compensation Committee members to reconsider the case by submitting an Application for Reconsider by the Full Board. The sole judge’s ruling must be appealed within thirty days of that date. It is not a fresh hearing being held before the entire board. Instead, this appeal will feature legal opinions before the full Worker’s Comp Board based on the information already presented well before the Single Hearing Judge. The whole board typically hears appeals within three months.
Suppose you disagree with the Indiana Worker’s Comp Board’s ultimate ruling. In that case, you can file a second appeal with the Indiana Court of Appeals before moving on to the Indiana Supreme Court.
To gather evidence and create the strongest case possible for you to obtain benefits, it is a good idea to enlist the aid of an experienced Indianapolis worker’s comp attorney at the beginning of the appeals process. If you are without a lawyer on your side who is knowledgeable in workers’ compensation law, you are going to be disadvantaged.
