Posted by on Aug 15, 2012 in Law, Legal Claims, News, Personal Injury Law | 0 comments

An employee may find it necessary to file a workers compensation claim petition if a dispute arises, whether due to an employer disputing their eligibility for benefits, which might concern the nature of the injury, medical treatment, or the possibility of disability benefits. When this happens, there is the option of resolving the dispute through sessions mediated by a workers compensation judge, which is less formal than undergoing formal proceedings in front of a judge. If the issue remains unresolved, however, there will be a hearing scheduled in court.

Petitions and Alternative Dispute Resolution

The best method for resolving a workers compensation dispute will depend on the particular circumstances of the dispute and how cooperative the employer or insurance carrier is being. Some of the details concerning each method are as follows:

  • Claim petitions filed when an employer or insurance carrier denies a claim, but may only be done within three years of the initial injury. Legal representation is not strictly required, but highly recommended for helping employees navigate the complex process of a workers compensation petition. The judges ruling may or may not make provisions for additional appeals.
  • Alternative dispute resolution disputes may be settled in mediation, a settlement conference, or an informal conference. Unless ruled to be ineffective, all petitions submitted to the Office of Adjudication are scheduled for mediation sessions and, even if they are unsuccessful, may be resumed later in the proceedings.

If your initial claim was denied and are wondering which, if any, course of action can help you acquire benefits, you may want to obtain legal counsel.

Resolving Disputes

When an employer or their insurance carrier denies your claim for workers compensation benefits, you may want to enlist the services of workplace injury lawyers who can best ensure that your case and interests are accurately represented.

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