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Launching a Successful Workers’ Compensation Appeal

If you have received notice that your workers’ compensation benefits application has been denied, you have the right to appeal the decision. In fact, it’s important that you consider filing an appeal. Not getting your rightful benefits may make it difficult for you to replace lost income and pay for living expenses and medical bills.

If you need to launch a workers’ comp appeal, follow these steps:Workers' Compensation Appeal


  1.  Read the letter that details the reasons for rejection. Your notice of denial will tell you why your request for benefits was denied. This may help you determine whether you need more medical evidence of your injury, witnesses to help link your injury to the workplace, or other types of evidence.
  2. Gather evidence. 
    Find ways to document your injuries, and gather any documents you have to help prove your case. Whether you file a workers’ compensation benefits appeal yourself or work with an attorney, the more information you have, the stronger your appeal may be.
  3. Consult with a workers’ compensation attorney quickly. You only have a short amount of time to file a workers’ compensation appeal, although the exact timeframe depends on your state. Promptly filing workers’ comp appeals increases your chances of success. While it’s possible to file workers’ compensation appeals without legal counsel, getting professional legal help can make a big difference. Disability lawyers with years of experience handling similar cases understand the laws that could affect your case, and they know what steps have led to successful workers’ compensation benefits appeals in the past.
  4. Contact your employer or the workers’ compensation insurer in the event of a small mix-up. If a small paperwork error led to a denial of your application, a simple phone call from you or your attorney may be able to clarify the matter.
  5. File an appeal. In most cases, you’ll need to file an appeal through the official workers’ compensation program in your state. This process usually involves a request for an administrative hearing to review your case. If you’re working with an attorney to appeal your workers’ compensation benefits denial, your attorney will handle the filing process for you.
  6. Prepare for the hearing. Your hearing is your chance to explain your case and present any evidence to bolster your claim, such as medical reports and witnesses. If you’re working with an attorney, an attorney will handle the details and present the strongest case before the judge.


Ritacco Disability Law

Do you need a disability insurance attorney to appeal a workers’ compensation benefits rejection? Our professional team has worked with benefits claimants and has successfully appealed denials of claims. We are proud to serve clients in Pennsylvania and New Jersey. Contact the law office of Lisa M. Ritacco today.