Denied Benefits & Appeals
If you are seeking workers’ compensation for injuries suffered on the job or work-related illnesses but receive a notice of denial, it is common to feel frustrated and angry. However, there is a way out. If your claim for workers’ comp benefits was denied, you have the option to appeal the denial.
Our workers’ compensation attorney at the Law Office of Justin S. Eppler, LLC, helps clients deal with denied benefits and appeals in Anchorage, Alaska, and throughout the state, including Palmer, Fairbanks, Wasilla, and Juneau. We have the practice, resources, and skills to fight for your best interests and the most favorable outcome.
How Do I Know My Benefits Were Denied?
Many people who file a workers’ compensation claim do not know what to expect next. They may not fully understand how their claim for benefits can be denied and whether they will be notified about the denial.
If your claim for workers’ compensation benefits is denied, you will receive a denial letter. When you do, it is critical to act quickly to exercise your right to appeal the denial of your claim for benefits. The denial letter will inform you of your right to challenge the denial of your claim.
Under Alaska law, appellants have 30 days to appeal a denied claim. The sooner you begin working on your appeal case, the higher the likelihood your claim will be approved.
Why Were My Benefits Denied?
When your claim for workers’ compensation is denied, you should carefully examine the denial letter to learn about the specific reason for the denial. Workers’ compensation claims are rejected for a number of reasons, including but not limited to:
You were not injured at work or your illness is not related to your job
You failed to report your injury/illness within the required time
You were not treated by an approved medical provider
You were under the influence of drugs or alcohol when the workplace accident occurred
You failed to receive proper and timely medical treatment
You did not file a workers’ comp claim within the required time
Your injury/illness is from a pre-existing condition
If your claim was denied, contact a denied benefits and appeals attorney for legal guidance and assistance. Our workers’ compensation attorney at the Law Office of Justin S. Eppler, LLC, will protect your rights and help you through the appeals process to obtain the benefits you deserve.
What Does the Appeals Process Consist Of?
After the denial of your claim, it is important to understand what is involved in the appeals process for workers’ compensation. In Alaska, you can challenge the insurance company’s denial of your claim by appealing to the Alaska Workers’ Compensation Board (AWCB). The appeals process consists of the following steps:
Filing a claim with the board. If you want to appeal the denial of your workers’ compensation claim, you should file a claim with the AWCB. There are strict deadlines for appealing to the AWCB, which is why you need to act as soon as you get a denial letter.
Mediation. You and the insurance company that denied the claim might have an opportunity to mediate the dispute before going to court. Mediation allows the parties to resolve their dispute through out-of-court negotiations.
Pre-hearing conference. Before the formal hearing, parties will attend a pre-hearing conference, during which the judge will review the details of the case and schedule appropriate actions.
AWCB hearing. At the hearing, both parties will have an opportunity to tell their side of the story and present evidence and testimony that supports their claim.
Appeals Commission. If your claim for workers’ compensation benefits is still not approved after the AWCB hearing, you can make an appeal to the Alaska Workers’ Compensation Appeals Commission.
Supreme Court. If the Appeals Commission rules in favor of the insurance company, which denied your workers’ comp claim, your last option to appeal denied benefits is to appeal to the Alaska Supreme Court.
The appeals process can be complex and challenging, especially if you do not understand your rights and procedural requirements when making an appeal. You must hire a knowledgeable attorney to assist you with filing an appeal following the denial of your workers’ comp claim.
Denied Benefits & Appeals Attorney Serving
The results-driven and knowledgeable attorney at the Law Office of Justin S. Eppler, LLC, represents clients whose workers’ compensation claims were denied in Anchorage, Alaska, and surrounding areas. If your claim for benefits was denied, we can help you file an appeal and guide you through every step of the process from start to finish. Contact our office today to schedule a free consultation and discuss your best course of action.