Hi, my name is Kirsten Krueger and two years ago, I was in a car accident. I was stopped at a stop sign when the driver behind me slammed into my car. Due to my injuries, I had to spend a few days in the hospital and I was unable to work for two months. My medical care was expensive and without being able to work, I couldn't pay my bills. The car accident was stressful enough and then I had to worry about how I would pay my bills. After speaking with a car accident lawyer, it wasn't long before I was compensated for my medical bills and lost wages from work. I'm writing this blog to help others who have been a car accident and haven't received any compensation. As you read my posts, you'll learn how an attorney can help you if you're in a vehicle accident.
Getting injured on the job can be a traumatic and harrowing experience for many. However, an even more stressful event is the one when you find out you've been denied workers compensation benefits. Especially for those whose injury put them out of commission, the inability to return to work coupled with the knowledge that they won't receive any kind of financial assistance can make for a very scary situation.
Fortunately, a denial of benefits is not an absolute rejection and there is recourse for reapplying. This article discusses how to go about the reapplication process after having been denied workers compensation.
Petition For Reconsideration
The first step towards securing workers compensation benefits is to complete a petition for reconsideration. For those who believe their denial was not corroborated by the evidence they produced, or who have since procured new evidence in their favor, a petition for reconsideration may be the solution.
The form will generally include a list of common reasons for petition and it is important you cross off any that don't pertain to your particular situation. There will also be space for listing the reason(s) you believe your request for workers compensation benefits was unfairly denied. This is where you need to include any and all relevant facts pertaining to your reapplication for benefits, including legal statutes that corroborate your argument.
The Waiting Period
After you file the petition for reconsideration, the review board has 60 days to provide you with a decision of reconsideration. In other words, the board may approve your request for reconsideration but still ultimately deny your application for workers compensation benefits.
Additional Hearings
If you are successful in your petition for reconsideration, and you also have additional evidence you feel is relevant to the case, the courts may schedule additional hearings. These hearings are necessary so that the judge may examine this newfound evidence and ultimately determine its impact concerning your request for benefits.
If you have no new evidence for the courts to consider, then the appeals board will likely reexamine your case without holding additional hearings.
The Decision
If there is no request for you to return to court, pending additional evidence, your decision regarding reconsideration will be mailed to you. This can take months, as the courts are not required to provide you with a notification within the 60-day period.
Appealing The Appeal- Writ Of Review
If your reconsideration has been denied, you still have the option of filing an appeal with the State Appellate Court. Although it is rare, an appellate court can overturn the appeal board's decision. If you are considering this course of action, you must complete the filing within 45 days of your denial for reconsideration. No new evidence will be considered at this point. It is simply an examination of whether or not the judge's decision was reasonable in light of the evidence presented.
While being denied workers compensation benefits can be the source of much anxiety, there are avenues available to you to ensure that no stone goes unturned in your application. Contact an attorney such as David Ewens for more information.
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