Workers' compensation insurance provides those hurt in a work accident or afflicted with an occupational illness with valuable benefits. However, parts of the workers' compensation process can be confusing for many workers trying to gain benefits. If you have been hurt in a work accident, you may be rated on your level of disability at some point in the workers' compensation process. In some cases, you don't agree with the rating you have been given. Read on to find out what you can do when this happens to you.
How to Appeal the Decision
To appeal the rating, follow the below steps:
- Request a copy of your disability rating. Your employer or their insurance company should provide you with a copy of it. This document will explain how the rating was calculated and what it means for your benefits situation.
- Review the rating carefully. Make sure that you understand the rating and that you agree with the medical evidence that was used to calculate it. If you have any questions, you should speak to your doctor or a workers' comp attorney.
- Request a reconsideration of the rating. If you disagree with your disability rating, you can request a reconsideration. This means that the rating will be reviewed by a different person or panel.
- File an appeal with the workers' compensation appeals board in your state. If your request for reconsideration is denied, you can file an appeal with the board. The workers' comp board is a state agency that hears workers' compensation appeals.
What Else to Consider
Here are some additional things to keep in mind when appealing your disability rating:
- You have a limited amount of time to appeal your rating. The deadline for filing an appeal varies from state to state, so you should check with your state's workers' compensation agency to find out the deadline in your state.
- You will need to provide evidence to support your appeal. This evidence may include medical records, expert opinions, and other documents that show that the original rating was incorrect.
- You may want to hire an attorney to help you with your appeal. An attorney can help you understand the legal process and represent you at the state board hearing.
If you are injured on the job, it is important to understand your rights and what you can do if you disagree with your disability rating. By following these steps, you can increase your chances of getting a fair rating and the benefits you deserve. Speak to a workers' compensation lawyer to find out more.