Workers' Comp Denial Appeals
Although many fraudulent workers' compensation claims are rightfully denied each year, a great number of valid claims are denied, as well. Whether an individual failed to provide enough evidence to prove their eligibility or the insurance company wrongfully denied their claim, the worker has every right to appeal the decision. This is a multi-step process that would greatly benefit from the advice and representation of a Reno workers' compensation attorney.
The Appeals Process in Nevada
The first step in the appeals process is to request a hearing by contacting the insurer or self-insured employer. This appeal must be made by a worker within 70 days of the initial denial of compensation. If the insurer or self-insured employer fails to respond within 30 days of the written request, the employee may appeal a "failure to respond." If the insurer or employer does respond in a timely manner, a hearing will be schedule within the next 30 days at the Hearings Division. At this hearing, a Hearings Officer will review the claim, hear both parties in person or over the phone, and will make another decision confirming or reversing the claim.
If the employee still does not agree with the denial of their claim after a hearing, they can appeal the decision to the Appeals Officer within 30 days. These appeals are made to the District Court, which means that the worker must have legal representation. Call Shook & Stone today to learn what a member of our team could do to assist you in appealing a denial.
Contact a Lawyer from Shook & Stone
Over the past 13 years, our legal team has recovered millions in verdicts and settlements for clients across the state of Nevada. We have handled all types of workers' compensation claims and could assist you through each step of the appeals process. Call today for your free initial consultation. With our help, you could win the highest possible payout.