How Do Workers’ Compensation Appeals Work?

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You are not stuck without options if your workers’ compensation claim was rejected. Keep reading and give our firm a call today to speak with a reliable and skilled Knoxville workers’ compensation attorney.

How does Tennessee define workers’ compensation?

The Tennessee Bureau of Workers’ Compensation (BWC) administers the Tennessee Workers’ Compensation Law, enabling both employees and employers in minimizing the impact of work-related injuries. The Bureau’s programs are designed to provide convenient and valuable assistance that aid injured employees and help them return to their health and jobs as quickly as possible. Informing all parties of their rights and responsibilities, these programs foster a better understanding of the benefits and requirements provided by the Workers’ Compensation Law.

Workers’ compensation is made to protect employees and employers from the negative consequences related to a work-related accident. The law supplies a financial safety net to employees by assuring medical benefits and partial wage replacement for those injured on the job. The law helps employers by determining the number of benefits that employers must provide to only those set forward in the law.

What is the appeals process for these claims?

Whether you have been injured on the job, applied for workers’ compensation benefits, obtained inadequate benefits, or had your claim denied, you must have a skilled attorney on your side.

Below are the numerous steps to Tennessee’s workers’ compensation appeals process:

  • Hire the services of a Tennessee workers’ compensation appeals lawyer who will help you with filing a Petition for Benefits Determination with the Tennessee Bureau of Workers’ Compensation. This petition must be filed within one year of your injury, your last benefit payment, or your last authorized medical treatment, depending on whichever is the latest date.
  • Your attorney will speak with a neutral first-party mediator from the Tennessee Bureau of Workers’ Compensation if this is your first time appealing your case over temporary disability benefits or coverage for medical treatment. The mediator will try and attain a settlement between you and the insurance company. This meeting will occur in person or on the phone.
  • If you are still shown inadequate compensation, the Court of Workers’ Compensation Claims will receive a Dispute Certification Notice. You and your attorney will go to an expedited hearing before a judge within 60 days. You will likely have to attend a formal hearing to prevent your evidence.
  • The judge will administer a written order after the healing which will detail the benefits you are going to obtain.

If you still have not received the benefits you are eligible to receive, it is feasible to appeal to the Workers’ Compensation Appeals Board within 30 days. If so, a panel of workers’ compensation judges will review the initial hearing decision. They will then decide whether it should be upheld or modified. Give our firm a call today to learn more and get started.

CONTACT OUR EXPERIENCED TENNESSEE FIRM

Morris & Doolan has significant experience representing clients facing a wide range of workers’ compensation matters, including denial of benefits, appeals, and third-party lawsuits. Contact us today to learn more about our services.

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