How to Appeal a Denied Workers' Compensation Claim in Missouri

2. Gather Required Documentation

After identifying the reasons for the denial, begin gathering all relevant documentation. This includes:

• Medical records that detail your injury and treatment.
• Pertinent correspondence like emails or letters that support your claim.
• Witness statements from colleagues or individuals who can attest to your injury.
• Your initial claim application and any additional paperwork submitted.

3. File an Appeal with the Missouri Division of Workers' Compensation

In Missouri, you have the option to appeal through the Division of Workers' Compensation. You must file your appeal within 30 days of receiving the denial. To do this, you will need to complete a specific form known as a “Claim for Review.” Ensure that your appeal is well-documented, citing all the reasons you believe the denial was incorrect and referencing your gathered evidence.

4. Consider Legal Representation

While it’s possible to represent yourself in the appeal process, hiring an experienced workers' compensation attorney may significantly increase your chances of success. A lawyer can help you navigate the legalities of your case, ensure all documents are properly filed, and represent your interests during hearings. Many attorneys offer free consultations, so it might be worth investigating your options.

5. Attend the Hearing

Once your appeal is filed, a hearing will be scheduled. During this legal proceeding, you will have the opportunity to present your case. Make sure to prepare thoroughly for the hearing. Organize your evidence, practice your arguments, and consider asking your attorney to represent you. During the hearing, the judge will listen to both parties before making a ruling.

6. Await the Decision

After the hearing, the judge will issue a decision regarding your appeal. This decision can take several weeks or even months, depending on the specifics of the case. If the ruling is in your favor, you may receive benefits retroactively as well as ongoing support for your injury. If your appeal is denied, you can explore other legal avenues, including pursuing a lawsuit against your employer.

7. Stay Persistent

Appealing a denied workers' compensation claim can be a lengthy and challenging process. It's crucial to remain persistent and proactive throughout. Keep track of deadlines, maintain communication with your attorney, and continue gathering any new evidence that may support your case.

In summary, appealing a denied workers' compensation claim in Missouri involves carefully reviewing the denial, gathering evidence, filing your appeal on time, and possibly seeking legal representation. By understanding the process and remaining diligent, you can increase your chances of successfully overturning a denial and receiving the benefits you deserve.