How Long Does it Take to Settle a Denied Workers’ Compensation Claim?
The last thing you want when you are injured on the job is to wait to get the fair compensation you deserve and need. If you are facing a denied workers’ compensation claim in Oregon, you’re going to want to know how long it will take to get a resolution. This information is especially vital if you have suffered a permanent disability. In this article, you will get the answers you need from Mark Thesing Inc.
Once your claim has been denied, you will get a letter explaining the reasons for the decision, and your temporary disability payments will stop. At that point, you can put the appeal process into motion. To do that, you need to request a hearing with the Workers’ Compensation Board to contest the claim within 60 days of the denial.
The board must set a hearing within 90 days of your hearing request. The hearing will be handled by an Administrative Law Judge (ALJ) assigned to your case. The ALJ must issue a decision within 30 days of the hearing or 30 days after the last piece of evidence is submitted.
If you disagree with the ALJ’s decision, there are three more levels of appeal. You have 30 days to request a Board review. If you’re still not satisfied, you have 30 more days to take your case to the Court of Appeals. Beyond that is the Oregon Supreme Court as the final arbiter of the claim.
It is best to secure the services of an attorney who is experienced in fighting for workers’ compensation benefits because they will know how to avoid any delay-inducing pitfalls in the process. Your lawyer will help you fill out the hearing request form allowing you to be very specific on the grounds for your appeal and work with you on any additional appeals if required.
Contact Mark Thesing Inc. to learn more about the various appeal processes available to you.