Workers’ Compensation carriers too often deny claims for benefits, leaving injured workers in a difficult situation. If this happens to you after a workplace accident in Arkansas, you can appeal the denial. Not all appeals are successful, so let us work on yours.
To appeal a denied Workers’ Compensation claim, you must file the right forms with the Arkansas Workers’ Compensation Commission (AWCC). If your claim was denied due to a miscommunication or other small issue, the preliminary conference might resolve it. Otherwise, you will have a hearing before an administrative law judge, where our attorneys can explain why you deserve Workers’ Compensation benefits. You can even appeal the administrative law judge’s decision if you disagree, so don’t give up.
Call our Arkansas Workers’ Compensation lawyers for a free case evaluation at (479) 316-0438.
Can I Appeal a Workers’ Compensation Denial in Arkansas?
If your employer’s Workers’ Compensation carrier denies your claim in Arkansas, all is not lost. For help appealing a denial or filing a successful claim in the first place, contact our attorneys right away.
You don’t have unlimited time to appeal a Workers’ Compensation denial. You must initiate the process within two years or less of getting the insurer’s initial decision, depending on your injury. While this may seem like a long time, it is not much time for our lawyers to prepare for the appeal. Therefore, please do not waste any time after being denied benefits; reach out to us immediately.
Although your original claim was denied, that doesn’t mean an appeal will fail. Denials occur for various reasons, including simple clerical errors, which our Arkansas Workers’ Compensation lawyers can rectify through an appeal. Your rejection may be a total oversight, so let us appeal the claim on your behalf.
If you’re seeking Workers’ Compensation death benefits after your loved one’s fatal workplace accident, you can also appeal a denial with our help.
Filing Form AR-C with the AWCC
The first step is filing Form AR-C with the Arkansas Workers’ Compensation Commission. Let us complete this form for you to ensure it contains all the necessary information about you, your employer, the accident, your injuries, and the type of benefits you are seeking.
If there are mistakes on Form AR-C, your appeal may be dismissed, and you may have to refile with the AWCC.
Attending Preliminary Conference
Next, there’s a preliminary conference, the purpose of which is to reduce costs and resolve issues resulting from miscommunications or clerical errors quickly. Don’t attend a preliminary hearing without our lawyers, and let us represent you during this informal meeting. Preliminary conferences cannot fully address more complex Workers’ Compensation denials, so keep this in mind. If the claim cannot be resolved, you can request a hearing with an administrative law judge.
Preparing for the Hearing
To prepare for the hearing, we need to know why the original claim was denied. Please provide the benefits rejection letter that your employer’s carrier sent you. It should state the reason for denial, such as missing medical records or questions about the location of the injury.
We can prepare for the hearing by organizing all relevant medical records proving your injury, getting witness statements that prove you didn’t intentionally injure yourself, and ensuring you understand many of the details surrounding your injury and can answer questions about it.
Attending the Hearing
A hearing to appeal a denied Workers’ Compensation claim is held before an administrative law judge in Arkansas. During the hearing, we will present our case to the judge, who will review all medical evidence, sworn testimony, and other documentation we submit.
The insurer may explain why it denied the original claim, such as believing the claimant intentionally injured themselves, and our lawyers can address those arguments head-on with evidence that directly refutes them.
You must attend your Workers’ Compensation claim appeal hearing. We will prepare you to answer questions about your injuries, their cause, and their continued effect on your life.
Should I Appeal My Workers’ Compensation Denial in Arkansas?
If your employer’s Workers’ Compensation carrier denies you benefits after an occupational accident, you don’t need to accept that. If you cannot work and support yourself and your family because of an on-the-job injury or illness, you should certainly appeal a denied Workers’ Compensation claim. You should also appeal the claim if your medical expenses are overwhelming, as Workers’ Compensation should cover those damages in full.
Workers’ Compensation carriers may only deny claims under certain conditions. Even if you made a mistake at work and got hurt, Workers’ Compensation should cover you, as long as you did not intentionally injure yourself to recover benefits. Workers’ Compensation is a no-fault system, and you should fight for the benefits you are entitled to as an employee.
Improve your chances of your original Workers’ Compensation claim getting approved by enlisting our attorneys to help with your case right after an accident at work.
Can I Keep Appealing a Workers’ Compensation Denial in Arkansas?
The administrative law judge’s decision is final within 30 days, unless a party appeals their decision within that time frame. If you disagree with the administrative law judge who denied you all or some Workers’ Compensation benefits, we can appeal the claim further through the courts.
Don’t give up if your appeal to the Workers’ Compensation Commission fails initially. With more detailed medical records and additional supporting evidence, a further appeal may be more likely to be successful.
Call Us About Your Arkansas Workers’ Compensation Claim
Call our Arkansas Workers’ Compensation lawyers to schedule a free and confidential case evaluation today at (479) 316-0438.