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 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.
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:
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 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.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Managing Partner, Craig W. Kidwell who has more than 20 years of legal experience as a personal injury attorney.