If you’ve been injured at work, you have the right to file a workers’ compensation claim in Nevada. However, there is always a chance that your claim will be denied, or there can be a dispute regarding your benefits. When this is the case, you should definitely consult with a workers’ compensation attorney because you do have the option of appealing. The appeal process can be complex.
Request a Hearing
If your claim is denied or if there is a dispute regarding your benefits, your first option is to try and resolve the issue with the insurance adjuster. If this does not work out, then you have the option of seeking a hearing on the issue with a Hearing Officer. You have 70 days from the date of the insurer’s determination to request a hearing. A hearing request must be in writing and must be accompanied by the letter from the insurance company that is being appealed. Hearings are usually set within 30 days, and parties receive 15 days’ notice of the hearing. As the appealing party, you have the burden of proving your case.
If you disagree with the Hearing Officer’s decision, you are not out of luck. The next step in the process is to file an appeal within 30 days with an Appeals Officer. You must complete a “Notice of Appeal and Request for Hearing Before the Appeals Officer” and file it with the Hearings Division of the Nevada Department of Administration. All documentation must be filed separately from the proceeding before the Hearing Officer. During this hearing, the Appeals Officer will review the decision of the Hearing Officer but will conduct an entirely separate hearing.
The Appeals Officer can uphold the Hearing Officer’s decision, reverse the decision, or remand it back to the Hearing Officer for further action. If you still do not agree with the decision in your case, you have the right to appeal the Appeals Officer’s decision to a Nevada District Court.
Do I Need an Attorney for the Appeals Process?
While an attorney is not required in order for you to undergo the appeals process, it can be very helpful to have one. An attorney who is familiar with Nevada workers’ compensation law can make sure you put on the best evidence at the initial hearing so that you don’t have to go any further. In addition, during the appeals process, the insurer will likely have its own attorney, so you may want to level the playing field.
GGRM Can Help
If you want to appeal a workers’ compensation decision, you should seriously consider consulting with an experienced attorney. At GGRM, our attorneys have over 50 years of experience helping injured workers. To set up your free consultation, contact us online or call us at 702-978-7641 today.