Kansas Workers’ Compensation: How the Appeal Process Works

By Pyle Law, July 25 2019 9:52 pm
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Kansas Workers’ Compensation: How the Appeal Process Works

By Pyle Law, July 25 2019 9:52 pm
Kansas Workers’ Compensation: How the Appeal Process Works

Kansas workers’ compensation laws provide injured workers with certain benefits regardless of fault.  The fact that the workers’ compensation law provides benefits on a no-fault basis may make you think that getting benefits is going to be as simple as filling out some paperwork and submitting it to your employer’s workers’ compensation insurance provider.  Unfortunately, workers’ compensation insurers are typically for-profit companies that will take any opportunity to deny a claim.


If your claim has been denied, it’s critical to understand that you have legal recourse and that you can appeal the insurance company’s decision.


The Workers’ Compensation Appeals Process

If your claim has been denied by your employer or your employer’s insurance provider, the first thing you need to do is let them know that you are going to request a preliminary hearing and why you believe your claim was denied in error.  You then need to contact the Kansas Department of Labor, Division of Workers’ Compensation to file the necessary paperwork and formally request a hearing.


The preliminary hearing will be heard by a judge.


These hearings are not as formal as an actual trial, but both sides will be able to present evidence in support of their positions.  At the conclusion of the hearing, the judge will issue a decision, which can be appealed by either party. If it is appealed, the next step is a de novo review by Workers’ Compensation Appeals Board within ten days.  Finally, the Board’s decision can be appealed to the Kansas Court of Appeals.


When to Hire a Workers’ Compensation Attorney

As the information above should make clear, the workers’ compensation appeals process is complicated.  For this reason, anyone appealing a denial of a workers’ compensation claim should retain an attorney as soon a possible.  In fact, the best way to avoid a denial in the first place is to call an experienced workers’ compensation lawyer as soon as possible after you sustain an on-the-job injury.


Some of the ways that a lawyer can help you ensure that you get the benefits you need as quickly as possible include:

  1. Ensuring that your paperwork is complete and is supported by appropriate evidence
  2. Communicating with your employer and insurance company on your behalf
  3. Appealing a denial of your claim as soon as possible
  4. Representing you in any hearings that occur in regard to your case
  5. Filing a claim on your behalf and representing you in court


Call Us Today to Schedule a Free Case Evaluation with a Workers’ Compensation Attorney in Kansas.
If you had your workers’ compensation claim denied or have yet to file a claim after an on-the-job accident, it’s in your best interest to speak with a Kansas workers’ compensation lawyer as soon as you can.  Pyle Law has been helping clients for more than 20 years and knows how to get injured workers the benefits they deserve. To schedule a free case evaluation with Mr. Pyle, call our office today at (620) 241-9000, via email at pylelaw@pyle.legal, or contact us online.

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