Fighting Denied Workers’ Compensation Claims
Kentucky law sets clear guidelines for reporting injuries and filing work injury claims. But even when you follow those steps on your own, a denial can still land on your desk.
Our founding attorney at J. Christopher Robinson Law Firm, PLLC, brings 25 years of experience to workers across Frankfort, Shelbyville and surrounding communities. Our small-town approach and big-city results help you feel supported as we guide your next steps.
Reasons Kentucky Workers’ Comp Claim May Be Denied
Here are some common tactics used to deny workers’ compensation claims.
- Injury not at work: The employer or insurer may claim your injury happened off the clock. They argue it is not related to your job duties.
- Pre-existing condition: They might label your injury as an old condition. We can argue that your work activity made that condition worse.
- Missed deadline: You must report your injury quickly. Missing a strict reporting time limit can lead to an automatic denial.
- Missing documents: Incomplete or missing medical documents can stop your claim. Procedural errors are often used to justify a denial.
- Termination before filing: Even if you were let go, you might still have a right to file. Your entitlement to benefits remains if the injury happened on the job.
If you have been denied compensation, it does not mean your injury is not real. It means the claim was challenged. Our lawyers can intervene effectively.
The Workers’ Comp Appeal Process In Kentucky
In Kentucky, the appeal process involves filing a formal Claim Petition with the Department of Workers’ Claims. We guide your case through these key steps:
- Filing the petition: We handle all the required forms and documents to help ensure every deadline is met.
- Discovery phase: Both sides gather facts and evidence by taking statements and exchanging records. We use this time to build the strongest possible case for you.
- Administrative Law Judge (ALJ) Hearing: If no settlement is reached, your case goes before an ALJ. This is like a trial phrase. We present all the evidence, documents and witness testimony on your behalf.
- Further appeals: If the ALJ’s decision goes against you, we can pursue further appeals.
We streamline the process by gathering records early and presenting clear arguments.
Contact Our Workers’ Comp Attorneys Today
J. Robinson Law Firm is here to take the pressure off your shoulders and help you move forward. Call 502-805-9602 today or use our online form to set up a free consultation at our Frankfort or Shelbyville office.
