What to Do if Your Workers’ Comp Claim is Denied?

The first thing to know if your Nevada worker’s compensation claim is denied is that you only have a very short window to appeal the decision—70 days. To appeal means that you are asking for a second chance and that you’d like your claim reviewed again. A workers’ compensation attorney at Kidwell and Gallagher can help.

If Your Claim Is Denied

If you received a letter of denial about your worker’s comp claim, read over your denial letter carefully. Determine what the reasoning behind this decision was. If something appears to be amiss like your name is wrong, some material fact is misrepresented, etc., try simply calling the person in charge of your worker’s comp claim and verify that they didn’t confuse your file for someone else’s. Administrative errors can happen.

To appeal your denial, submit a “Request for Hearing” form along with your decision letter. You have a little over two months to send these materials to the Nevada Dept. of Administrations. Afterward, there will be a hearing with a Hearing Officer which you can attend over the phone or in person. They will also accept a written statement from you in advance of the hearing and consider that “an appearance.”

If your Nevada worker’s comp claim is turned down yet again, stay calm. There is still another opportunity to appeal to an Appeals Officer. For the first appeal, you have 70 days; however, for the second appeal, you only have a 30-day window. You must act fast!

If the Hearing Officer and the Appeals Officer both deny your worker’s comp claim, you would then appeal to a district court. For that proceeding, you’ll need to file a document called a Petition for Judicial Review. Your time frame to do so is just 30 days again.

Common Reasons Workers’ Comp Claims Get Denied

There are a variety of reasons why a workers’ compensation claim in Nevada can be denied. These are the most common responses we’ve seen:

• Your injury is not covered by workers’ comp. For example, a stress-related injury, such as post-traumatic stress disorder or anxiety, is more difficult to be approved for workers’ comp.
• The injury was not reported soon enough. If you wait too long to tell your supervisor that you got hurt on the job while doing your work, that can make the process more challenging.
• If you did not seek the necessary medical care and/or follow through with subsequent appointments (physical therapy, occupational therapy, etc.).
• Your employer reported that your injury did not occur at work.
• If your injury is not directly related to fulfilling your job duties or premises liability, it can be denied. For example, if you had a stroke in the office, that is not something that specifically arose from performing your work duties.
• If it was determined that you were injured doing something you should not have been doing, such as lifting a heavy box alone or playing basketball in the warehouse.
• You missed the filing deadline to submit your claim initially.

Kidwell & Gallagher, Nevada Workers’ Comp Attorneys

Let Kidwell & Gallagher take over this fight for you. We have handled many cases just like yours that were originally turned down. Working with a Nevada workers’ comp lawyer can alleviate your stress and allow you to focus on healing. Contact us today to learn more about your options. Call 775-383-6482 now.

Craig Kidwell

Craig W. Kidwell is the managing partner of Kidwell & Gallagher, Ltd., and exclusively represents injured workers in Nevada. Mr. Kidwell has been practicing workers’ compensation law in Nevada since 1999 and has acted as lead counsel on over 2,000 contested workers’ compensation claims. Mr. Kidwell represents injured workers in Nevada through all stages of Nevada’s complex worker’s compensation system. Craig regularly appears in all levels of Nevada’s administrative workers’ compensation system and has represented injured workers in Nevada’s districts and Supreme Court.

• With more than 21 years of experience in complex litigation cases in Nevada.
• In 2018, the State Bar of Nevada selected Mr. Kidwell as one of the five co-founding board members.
• Mr. Kidwell has lobbied and testified before the Nevada Legislature on behalf of the Nevada Justice.

With more than 21 years of experience in complex litigation cases in Nevada, I’ve represented injured workers in Nevada through all stages of Nevada’s complex worker’s compensation system. I regularly appears in all levels of Nevada’s administrative workers’ compensation system and I’ve represented injured workers in Nevada’s districts and Supreme Court.

Craig W. Kidwell

Founding Attorney