Arvada, CO Lawyers Successfully Handling Workers’ Compensation Appeals for More Than 25 Years
Our mission is to help you get your rightful compensation
It does happen, unfortunately, that a workers’ compensation claim gets denied for a particular reason. At The Elliott Law Offices, P.C., we appeal any denial, because we believed in your case enough to take it in the first place. We know that you deserve compensation for the injury you suffered on the job. We analyze the circumstances surrounding your claim denial and fully explain how the appeal process works before we proceed.
What is the appeals process?
The workers’ compensation appeals process can be confusing. Below is a general summary:
- File a petition to review — Contact a qualified Arvada workers’ compensation lawyer from our firm to get the process started for filing your petition. You have a deadline of 20 days to get your petition mailed, so it is essential to contact us as soon as you receive your claim denial.
- Request transcripts — This step is important, because the court of appeals must have your transcript to review your case. You must get a copy of the hearing transcript and pay the court reporter the established fee for it. If you can’t pay the fee, you may outline a request for the Division of Workers’ Compensation office to handle the amount for you, but you also need to complete an application for consideration with the division director.
- File a brief/written argument — Once all transcripts have been delivered and the paperwork has been properly filed, we write and file your written argument, or brief, for the court of appeals to review. You have 20 days to file your brief. Likewise, the opposing party has 20 days to respond with a brief.
- The decision process — It is crucial to understand how long the decision process can take. The administrative law judge has 30 days to formulate the opinion based on the arguments. If the judge can’t make the determination within that timeline, your claim is referred to the Industrial Claim Appeals Panel for immediate review. The deadline for the panel to make its determination is typically 60 days from the receipt of your claim. If the decision isn’t in your favor, we can present the issue to the Colorado Court of Appeals within 20 days of the panel’s denial and argue that the judgment on your claim should be reversed based on the evidence.
Should I file an appeal?
To answer this question, we need to review the particular facts surrounding your claim. Generally speaking, there are no serious legal repercussions involved with appeals that are ultimately denied. Of course, you need a valid reason to appeal your claim’s denial. We at The Elliott Law Offices P.C. always see a need to appeal, because we strongly believe in any case we take. Let us review your claim and its denial to help you determine whether you should file an appeal.
If your workers’ compensation claim was denied, we can help
Our Arvada, CO office is known for its skill in workers’ compensation cases. We proudly serve the entire Denver region. Contact The Elliott Law Offices, P.C. at 303-872-6274 between the hours of 8:30 a.m. to 5 p.m., Monday through Thursday, or 9 a.m. to 4 p.m. on Friday. You can also contact us at any time online. Your initial consultation is free. Our service is priceless.