The workers’ compensation benefits system in Missouri is a no-fault insurance program. That means the state entitles you to collect benefits after a workplace injury, regardless of liability. However, recovering the benefits is challenging, and you may receive a denial the first time you apply.
If you received a denial of workers’ compensation benefits after a workplace injury, you have the right to appeal the decision. Employment law does not require you to obtain a workers’ compensation attorney for the appeals process; however, there are many elements to navigating the appeal process successfully, and doing so is in your best interest. Schedule an appointment with a High Ridge workers’ compensation appeals lawyer to learn more.
Requesting a Mediation or Conference with an Administrative Law Judge
Before beginning the appeals process, an injured worker has two options. First, they can request mediation with the Dispute Management Services. For this option, the individual, their employer, the insurer, and the mediator will meet to try to reach an agreement.
The other option is to request a conference and hearing to meet with an administrative law judge (ALJ). An ALJ will ask questions and conduct a thorough case review. The injured party must have their records and documentation in order, and that includes:
- Medical records and doctor’s statements to support the claim
- Healthcare bills and future medical care
- Accident witness statements, if available
- Proof of employer notification and other required paperwork
After the judge reviews the case’s facts, they will render their decision. If the worker wants to appeal the judge’s final decision, they move on to the next step in the appeal process. A skilled High Ridge workers’ compensation appeals attorney could help prepare and ensure they have all the required documentation.
Appealing the Judge’s Decision with the Labor and Industrial Relations Commission
The first step is appealing the judge’s workers’ compensation Final Award to the Department of Labor and Industrial Relations Commission. The worker can do this by filing an “Application for Review” within 20 days of the ALJ’s decision and asking the Labor Commission’s panel to review the case.
Appealing the Labor Commission’s Decision
If the worker does not agree with the Labor Commission’s decision, they can appeal to the Missouri Court of Appeals. To do so, they must mail a notice of appeal with a docket fee within 30 days of receiving the Labor Commission’s award decision.
The Labor Commission will forward the Notice of Appeal and the docket fee to the Court of Appeals. After the appeal, the party will receive a Temporary or Partial Award, settlement offer, or a denial. A committed workers’ compensation appeals lawyer in High Ridge could help an injured worker navigate this challenging system and reach a resolution promptly.
Schedule to Meet with a High Ridge Workers’ Compensation Appeals Attorney
Most employees in High Ridge are eligible to collect workers’ compensation benefits after a workplace accident or illness. However, the process of collecting these benefits is challenging. The appeals process can be incredibly time-consuming and overwhelming, as it is a complex matter and requires extensive legal knowledge and experience.
Therefore, even if you filed without a legal professional, reaching out during the appeals process is the best way to reach favorable results in your case without unnecessary delays. Schedule a consultation with a High Ridge workers’ compensation appeals lawyer if you need help with your case.
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