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In the event your employer refutes your claim of a work-related disability, or the workers’ compensation insurance carrier denies your claim, you have the legal right to appeal. Start by talking to an experienced lawyer.
At Nicolet Law Accident & Injury Lawyers, we help injured workers through the appeals process. We will gather all necessary records and reports and file your appeal in a timely manner. We handle the follow-up and negotiations after filing a claim, while you focus on recovering your health. No matter what type of industry you work in, or what type of work injury you’ve suffered, you have a right to have your case handled fairly and have your story heard.
First step in the appeals process — request a hearing or mediation: We will file the forms and correspondence to request a hearing by the workers’ comp division of the Wisconsin Department of Workforce Development. Your case will be referred to an administrative law judge for review.
Second step – attempt to settle: Settling your claim can reduce stress and the time you must dedicate to the legal process. However, there are elements you need to be aware of. For example, will you get weekly payments or a lump sum? Will your medical payments continue? Your lawyer will guide you through this process while fighting for your best interests.
Third step — scheduling a hearing or mediation: You will receive notification that your hearing or mediation has been scheduled. You will be encouraged to enlist the help of an experienced lawyer to prepare evidence on your behalf, in order to present your case as clearly as possible.
Fourth step — have a mediation or hearing: You will be encouraged to attend mediation sessions to negotiate a fair settlement with the insurance provider or your employer before your hearing date. The other side is likely to have a team of skilled and knowledgeable attorneys on its side of the table. This is often the most important step in the appeals process. Make sure you have someone fighting for your rights as you progress toward a fair outcome.
If you cannot reach a settlement and the administrative law judge denies your claim, you have the right to appeal directly to the Wisconsin Labor Commission within 21 days. Your appeal documentation must include the records and report in evidence, as well as a statement regarding why you feel the administrative law judge erred in making the decision to deny your claim. If the Labor Commission sees merit in your appeal, your case will be referred to an administrative board known as the Labor and Industry Review Commission (LIRC) for further review.
If you are denied by the LIRC, you still have the option to turn to the Wisconsin civil courts. Your case will be assigned a court date and all parties will be required to work toward a negotiated compromise to reach a settlement. If a compromise isn’t possible, you should expect your civil appeal to be handled like any civil litigation matter. In other words, you will be pursuing a lawsuit against your employer or insurance company. Technically speaking, you have the legal right to pursue your workers’ compensation litigation matter through the state and federal courts of appeals, as long as the courts see merit in your arguments for appeal.
The Wisconsin workers’ compensation process is complex. You don’t have to fight your way through it on your own. Call Nicolet Law Office, to arrange a free consultation. We will explain the steps you need to take and show you how we can help you get the level of benefits to which you are entitled.
Call us toll-free at 1-855-NICOLET or send us an email explaining your denied workers’ comp claim. We are ready to help. If you’d like to read real stories of how we’ve been able to help clients navigate the workers’ comp system, check out our workers’ comp success stories page.