Kentucky law allows you to appeal a worker’s compensation denial. This is an important right since workers’ compensation claims can be denied for various reasons.
Sometimes the denial is for a minor reason, such as missing documentation or information, but sometimes the reason is more complex. A common reason for workers’ compensation denials is that there is not enough medical evidence to prove your claim.
Responding to your letter of denial
Read your denial letter carefully and look for the appeal deadline. The letter should contain detailed instructions on how to appeal. Make sure to appeal within the deadline and follow the instructions or you will lose your right to appeal, no matter how strong of a case you have.
You will eventually receive a letter stating the date, time and location of your appeal hearing. Workers’ compensation appeal hearings in Kentucky are held before an Administrative Law Judge (ALJ).
Preparing to testify
Knowing how to prepare for a worker’s compensation appeal hearing can make a huge difference in the outcome of your case. Prior to the hearing, prepare yourself to testify.
Start by writing down a timeline of events, starting with when the injury occurred and exactly how it happened. Write a history of your medical treatment. Document descriptions of your injuries and symptoms and how they continue to affect your life. You will be expected to testify about these matters at your hearing.
It is normal to be nervous about testifying, especially if you have never testified in a legal proceeding before. Practice your testimony before your hearing. This can reduce stress on the hearing day and help you remember the important points you want the ALJ to hear.
How to act when testifying
Keep your answers simple. If you are asked yes or no questions, answer with a yes or no answer and do not elaborate or ramble. This is an emotional time, but letting your emotions take over could cause you to make statements that could inadvertently hurt your case.
Be honest. Do not exaggerate your injuries. Be respectful and address the judge properly. Dress appropriately, listen and do not interrupt anyone else speaking.
Additionally, start collecting evidence to present. Examples of evidence include medical records, medical bills, employment records and paystubs. Organize them by type and date and make several copies.
Do you need additional testimony?
Your hearing is also a chance for you to present additional witnesses, such as expert witnesses. Expert witnesses can include medical experts, financial experts or accident reconstruction specialists.
Expert witnesses provide their opinion on why they believe the denial of your workers’ compensation claim was incorrect.
Ideally, you would never need to challenge your employer to receive benefits after sustaining a workplace injury. However, legitimate workers’ compensation claims are sometimes denied to save money. This is unfair and unjust to workers who should focus on healing and recovery.
This is why it is important to not get discouraged and give up after receiving a denial letter. You may have a valid claim for benefits. Your workers’ compensation appeal hearing is your chance to present your strongest possible case.