Insurance companies are profit giants, and they didn’t get this way by approving every single injury claim that comes across their desk. However, because they have first say in whether or not a claim for compensation gets approved, oftentimes valid claims get underpaid or denied altogether. What should you do if you feel that your injury claim has been underpaid or wrongly denied? In today’s blog, we explain how you can appeal a workers’ compensation decision in Minnesota.
Appealing A Workers’ Compensation Decision
Before we get into the actual logistics of filing an appeal, let us begin by saying that the best thing you can do if you find yourself facing an uphill battle with an appeal is to hire a workers’ compensation lawyer. If your claim was underpaid or denied, it’s a clear indication that the insurance company believes that there was a problem with your claim, your calculations or your version of events. You could try to tackle this on your own, but the insurance company isn’t going to be intimidated by a person who lacks experience developing strong claims, and odds are not much will change with your appeal.
Instead, sync up with a professional law firm who specializes in all things injury law. At Hey Workers, injury law is all we do, so not only are we well-versed in developing strong initial claims, but we also know how to counter a denial and ensure you get every penny you deserve. You’ll have a better chance at getting compensation if you hire an injury lawyer, and you can have the peace of mind of knowing that you don’t need to try to build your own case.
Best of all, injury lawyers typically work on a contingency fee basis, meaning that you’re not going to have to pay a huge fee to your lawyer just to see your claim denied again. Contingency fee means that you only pay when you win, so you really have nothing to lose. Your lawyer gets a percentage of your winnings, so the more money they get you, the more they take home. They have a vested interest in getting you as much compensation as possible, and they’ll always be an ally in your corner.
Filing The Appeal
As for the actual appeal, that begins when the claimant files what’s known as an Employee’s Claim Petition. This document allows the individual to better explain how and when their injury happened, what types of medical treatments they’ve already received, and what additional benefits they are pursuing. This petition won’t just include your words, it will also include doctor’s reports, medical bills and any other documents that support your claim.
Again, your lawyer can put this all together, or you can collect these documents and have your lawyer review your petition to ensure everything is as it should be. Once complete, you will file this form with the Minnesota Department of Labor and Industry, and the address for that organization is below:
Minnesota Department of Labor and Industry
Workers’ Compensation Division
PO Box 64221
St. Paul, MN 55164-0221
Your employer and the workers’ compensation insurance company will also receive a copy of the petition. The insurance company will then rule on the new petition and either grant your compensation request or again issue a denial, at which point you may need to take your case to the Office of Administrative Hearings if you hope to earn an award.
One final thing to note is that you typically have three years from the date of your accident to file an Employee Claim Petition, so don’t delay. If you need help with your appeal, or you just have questions about your injury claim, reach out to the team at Hey Workers today.
