How to Appeal a Denied Workers’ Compensation Claim in Indiana
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If your employer denies your claim for workers’ compensation benefits for a work-related injury or occupational disease, you are likely stunned and upset. But a denial does not mean you do not have options. You could pursue an appeal to secure the benefits and compensation you need and deserve. The legal team at Klezmer Maudlin, PC, can help you learn more about how to appeal a denied workers’ compensation claim in Indiana.
Our attorneys have extensive experience in the Indiana workers’ compensation system, with other attorneys across the state reaching out to us for our unique knowledge and understanding of workers’ compensation. You should not leave the outcome of your workers’ compensation claim to chance. The success of your appeal may depend on getting help from a seasoned workers’ compensation lawyer who can prepare a compelling, persuasive argument in support of your claim.
If your employer, insurer, or claims administrator has denied your workers’ compensation claim an injury or illness on the job, you could appeal the decision. Reach out to Klezmer Maudlin, PC, for a free initial claim evaluation to discuss your legal options in your case with our Indiana workers’ compensation lawyers.
Why Choose Klezmer Maudlin, PC, to Learn More About How to Appeal a Denied Workers’ Compensation Claim in Indiana?
When you’re injured or are ill due to an accident or workplace conditions, you might expect to receive workers’ compensation benefits to help you recover. It is shocking to discover your employer or insurer has denied your workers’ compensation claim.
However, if your employer denies your initial claim, it does not mean you have no further options. An Indiana workers’ compensation attorney from Klezmer Maudlin, PC, could help you get the benefits you deserve through an appeal.
So many injured workers turn to our firm for help with workers’ compensation appeals because of:
- Our legal team’s extensive experience representing injured workers in workers’ compensation claims. Our attorneys have over 100 years of combined legal experience.
- Our firm has conveniently located offices in Indianapolis, Jeffersonville, Lafayette, and Evansville/New Harmony to serve workers throughout the state. Our attorneys are also licensed in Kentucky, and we represent clients in the greater Louisville region.
- Our attorneys wrote the book on Indiana workers’ compensation. We authored the Indiana Workers’ Compensation Practice Manual, a resource used by attorneys across the state to help them navigate the workers’ compensation system. Our fellow attorneys recognize our knowledge and experience with Indiana workers’ compensation law, as we frequently speak on the subject at seminars and events.
- Our clients do not need to spend any money upfront for a workers’ compensation claim or appeal. We only collect when we win compensation or a financial award from the Workers’ Compensation Board or secure a settlement for our clients.
What Benefits Can You Obtain From Workers’ Compensation in Indiana?
The Indiana workers’ compensation system provides employees who suffer a work-related injury or illness with financial benefits and other assistance as they recover from their injury or illness.
These benefits include:
- Medical benefits, which means that your employer will cover the cost of all reasonable and necessary treatments and rehabilitation for your work injury or occupational illness, as well as lost wages and certain travel expenses to attend medical appointments and procedures
- Temporary total disability benefits, partial wage replacement of your average weekly wage (subject to a maximum cap) if you miss days from work
- Temporary partial disability benefits, partial reimbursement of lost income if you need to work part-time or in a different, lower-paying role due to limitations caused by your work-related injury or illness
- Permanent partial impairment benefits, financial payments offered when you sustain a permanent loss of a body part, use of a body part, or loss of bodily function. Workers’ comp bases payments on the affected body part or function and severity of impairment
- Permanent total disability benefits, which continue temporary total disability benefits if you remain unable to return to the workforce
- Vocational rehabilitation, which can help you to retrain for a new job if physical limitations mean you cannot continue in your current work
- Death benefits, which provide financial assistance for funeral/burial expenses and wage replacement benefits for the dependents of a deceased worker
Appealing the Denial of a Workers’ Compensation Claim in Indiana
If your employer or their workers’ compensation insurer has denied your claim for benefits, the process of pursuing an appeal of your claim involves several steps:
- First, you will need to file a formal claim, known as an application for adjustment of the claim, with the Workers’ Compensation Board of Indiana
- After receiving your claim, the board will assign your case to an ombudsperson for informal dispute resolution between you and your employer
- If you cannot reach a negotiated resolution or settlement with your employer, the board will assign your claim to a hearing member for a pre-trial conference or a hearing
- At the hearing, both you and your employer can present evidence and testimony; you have the burden to show that you suffered a work injury or occupational illness in the course and scope of your employment
- After the hearing, the hearing member will issue an award that rules on your workers’ compensation claim
- If either you or your employer disagrees with the hearing officer’s award, you can file an appeal to the full Workers’ Compensation Board within 30 days
If you disagree with the Workers’ Compensation Board’s decision, you have the right to appeal your claim to the Indiana Court of Appeals. If the Court of Appeals rules against you, you may petition for further appeal to the Supreme Court of Indiana.
Types of Workplace Accidents and Injuries Klezmer Maudlin, PC Can Help You Recover From
At Klezmer Maudlin, PC, we can assist you with filing an appeal following the denial of your workers’ compensation after work accidents such as:
- Construction accidents
- Slip and fall accidents
- Forklift accidents
- Motor vehicle accidents
- Service industry accidents
- Third-party negligence accidents
- Warehouse accidents
We represent clients suffering from all kinds of work-related injuries and illnesses, including:
- Electrocution injuries
- Soft tissue injuries like ligament sprains and tears or muscle/tendon strains and tears
- Crush injuries
- Repetitive stress injuries
- Neck and back injuries, including herniated disc injuries
- Spinal injuries
- Traumatic brain injury
- Facial injuries
- Vision or hearing loss
- Perforation injuries
- Internal organ injury
- Toxic exposure that leads to chronic diseases such as cancer or asbestosis
Do Not Let the Workers’ Compensation Insurance Company Deny You the Benefits You Deserve
Employers in Indiana typically pay workers’ compensation benefits through a workers’ compensation insurance policy or by hiring a claims administrator to run the employer’s self-insurance.
Workers’ compensation insurers and claims administrators work to minimize the money paid for workers’ compensation benefits to save the company money. As a result, insurers may try to deny valid workers’ compensation claims in the hope that an injured or ill worker will accept their loss and move on.
If you have sustained a work-related injury or illness, you should not let the insurance companies try to push you around by denying your claim for benefits. Let an Indiana workers’ compensation lawyer with Klezmer Maudlin, PC fight for your interests.
Our firm can protect you when dealing with the workers’ compensation insurance company by:
- Fighting back against denied claims, including by reviewing the reasons for the denial and gathering and presenting additional evidence and information to support your rights to workers’ comp benefits.
- Handling all communications with the insurance company on your behalf while you focus on getting better. That way, you do not need to worry about answering questions from an insurance adjuster designed to trick you into saying things that undercut your claim or worry about having to provide the insurance company with a written statement. Our firm can provide the insurance company with the information it needs to process your claim.
- Providing you with advice and guidance on how to protect yourself and your claim from inadvertent missteps, including ensuring that you follow through with your recommended treatment and protect your social media accounts from insurers who may try to use your posts to prove that you were not injured as severely as you claimed.
What to Do After a Denied Workers’ Compensation Claim
After your employer or its insurer has denied your claim for workers’ compensation benefits, steps you can take to put yourself in the best position for pursuing an appeal include:
- Review any denial correspondence you receive from your employer to understand the reasons why they denied your workers’ compensation claim
- Gather all available information and evidence relating to the workplace accident and your injury or illness, including photos or video, co-worker or eyewitness statements, and records from your medical treatment
- Keep copies of bills, invoices, and receipts for expenses you incur during your recovery
- Follow through with your recommended treatment plan for your work injury or illness
Finally, speak to an Indiana workers’ compensation lawyer from Klezmer Maudlin, PC, as soon as possible to start preparing and pursuing your appeal.
Frequently Asked Questions About Denied Workers’ Compensation Claims in Indiana
Some frequently asked questions about appealing a denied workers’ compensation claim in Indiana include:
How long do I have to appeal the denial of my workers’ comp claim?
Suppose your employer denies you workers’ compensation benefits. In that case, you typically have two years from the date of injury to file a compensation claim with the Indiana Workers’ Compensation Board, according to §22-3-3-3 of the Indiana Code. However, if your policy allows for workers’ comp benefits, but your employer stops paying them, you have two years from your last benefit payment date.
Do I need an attorney to file a workers’ compensation appeal?
Although you are not legally required to hire an attorney to file a workers’ compensation claim, an experienced lawyer will know to prepare and file all necessary paperwork and build a solid argument to bolster your claim.
How much does it cost to hire a workers’ compensation lawyer to file an appeal if my company or the insurer denies my claim?
At Klezmer Maudlin, PC, clients do not need to pay anything upfront to hire us to help them with a workers’ compensation appeal. We only collect our fee if we recover money for you in a judgment or award from the Workers’ Compensation Board or if we settle your claim with your employer. You’ll pay us an agreed-upon percentage of the award or settlement, plus reimbursement for expenses we incur in preparing your case. If we do not recover compensation for you, you owe us nothing.
Will I need to go to an administrative hearing or to court to appeal the denial of my workers’ compensation claim?
When your employer denies your workers’ compensation claim, you must file a compensation claim with the state Workers’ Compensation Board for an administrative hearing. Although we understand some clients’ anxiety about having to participate in a formal hearing or a trial proceeding, our firm will ensure that you are fully prepared and know what to expect.
Our firm might also be able to settle your workers’ compensation claim with your employer before your formal claim reaches a hearing before the Workers’ Compensation Board.
Contact Klezmer Maudlin, PC, for Help With Pursuing the Workers’ Compensation Benefits You Deserve After The Insurer Denies Your Claim
After your employer or the insurer denies your workers’ compensation claim, you should not go another day without the financial assistance you need. Contact Klezmer Maudlin, PC, today for a free, no-obligation consultation to get answers to your questions about how to appeal a denied workers’ compensation claim in Indiana. Call our firm at (317) 569-9644 or fill out the contact form on our website to speak to an Indiana workers’ compensation attorney.