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Golitko & Daly

Workers’ Comp Appeals

By Matthew Golitko on October 21, 2013

Kokomo Workers’ Compensation AttorneysThe Kokomo workers’ compensation attorneys of Golitko & Daly know the laws governing workers’ compensation in the state of Indiana down to the finest detail. When it comes to maximizing your workers’ compensation benefits, knowledge truly is power. Unfortunately, insurance companies and employers would prefer that injured workers have as little of that power as possible. Our workers’ compensation attorneys are devoted to providing injured workers with all of the information and help that they need to obtain the full recovery to which they are entitled by law.

One of the primary weapons in the arsenal of the injured worker who is denied workers’ compensation benefits is the appeals process. Our attorneys can walk you through that process and represent your rights with all of the resources at our disposal every step of the way.

What You Should Do If Your Workers’ Compensation Claim Is Denied

There are cases in which disputes over workers’ compensation can be resolved through the simple provision of medical records or other documents. That said, insurance companies and most employers have extensive resources within their reach, including legal resources. With that in mind, speaking to one of our lawyers before contacting your employer’s insurer is probably in your best interests. If there is even the slightest suspicion that an employee’s injuries are not work related, the insurance carrier will certainly fight tooth and nail against paying benefits.

The Workers’ Compensation Board of Indiana features an ombudsman division that helps workers explore Alternative Dispute Resolution options, including mediation. However, workers also have the right to file an appeal via the Application for Adjustment of their claims. There is a two-year statute of limitations governing the filing of this appeal.

Although the Workers’ Compensation Board of Indiana does not offer legal advice to injured workers, it does recommend that workers “consult an attorney if [they] are contemplating disputing [their] claim or if [they] feel that [their] rights under the Worker’s Compensation Act are not being upheld.”

Having an experienced attorney in your corner throughout the process of appealing your claim denial will dramatically improve your chances of achieving justice. You can bet that your employer or your employer’s insurance carrier will have legal representatives present during attempt at conflict resolution, whether at an informal mediation session or a formal hearing. Our workers’ compensation attorneys can provide you with the trusted counsel and aggressive representation you need to obtain the compensation that is rightfully yours. We have helped many workers injured in construction accidents and other workplace accidents obtain compensation for:

  • Lost wages
  • Permanent impairment
  • Medical treatment
  • Prescription costs

It should be noted that you cannot be compensated for pain and suffering, mental anguish, or other general damages as a result of a workplace injury, as workers’ compensation covers only special (or specific) damages. However, workers’ compensation benefits are not taxed, which will help you to cover the expenses and losses related to your injury.

Contact Our Workers’ Compensation Lawyers

To learn more about the workers’ compensation appeals process and how our attorneys can help protect your rights, please contact the law firm of Golitko & Daly today.

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