Injuries can happen anywhere, from the car to a supermarket. However, when injured at work, it’s essential to understand how to file for workers’ compensation. If you’ve already completed this process, you may eagerly await your benefits. Unfortunately, you may find that you are denied or that the funds you’ve been awarded are significantly smaller than what you were anticipating for the severity of the injury you sustained. If you’re wondering whether or not you can fight this decision, the following blog explores what you must know about these circumstances. Similarly, you’ll discover how a Pike County, KY work injury lawyer can assist you through these issues.
What Is Workers’ Compensation?
When someone is injured or becomes ill while working, they are likely entitled to worker’s compensation. This helps cover the medical bills associated with the injury or illness while providing partial wages to those who have to take time off from work to heal.
Workers’ compensation insurance is mandatory for businesses with one or more employees. However, there are some exceptions for certain employees, like those hired for short-term handy work or those in agriculture.
Can I Appeal the Decision?
If your claim is denied or insufficient, it’s necessary to understand why this occurred. In some instances, your employer may try to claim your injury was a pre-existing condition or the accident happened outside the scope of your employment at the time of the incident. Regardless, understanding the reason for the denial can help you gather the necessary proof to dispute the claims.
Next, you’ll elevate the dispute to the Benefits Review Conference. This allows you to bring proof of the validity of your claim. Though you are not required to have legal representation, it is in your best interest to have an attorney present during this time.
If the conference is ineffective, you will appear before an administrative law judge, where you will present evidence and argue your claim. A judge will review your claim and issue a decision within sixty days. If you still have not received a favorable decision, you will file a Petition for Reconsideration, followed by an appeal to the Workers’ Compensation Board, and finally, the Kentucky Court of Appeals.
How Can an Attorney Assist Me if I Have Issues?
As you can see, appealing a workers’ compensation decision can be a complex process. As such, it’s in your best interest to enlist the guidance of an attorney as soon as you suffer an injury while at work. Not only can they help you through the process of filing a claim to increase your chances of a favorable outcome, but an attorney will also be better equipped to help you appeal a decision if they’ve worked with you from the beginning.
Shane Hall Attorney At Law, PLLC, is a law firm that understands the complexities you’re likely facing when you’re hurt while on the job. As such, our dedicated team will do everything possible to help you through these challenging times to recover the compensation you deserve. Contact us today to learn how we can assist you through these issues.