An appeal process is set in place for injured workers who have been denied compensation for their injuries. At the accident and injury law office of Terry Bryant, we’re familiar with this process and can help you navigate the system. Fill out a FREE initial consultation form today and talk to our Houston workers’ compensation lawyers about your accident.
DISPUTING A CLAIM
There are several steps involved in disputing a workers’ compensation claim through the Texas Department of Insurance’s Division of Workers’ Compensation (TDI-DWC), including benefit review conference, arbitration or contested case hearing, and appeals panel. It’s advisable to consult with a work injury lawyer during this process. Each step must be completed and have a final decision announced before moving to the next step in the process.
(Step 1) Benefit Review Conference:
The first step is meeting with an insurance representative and a Benefit Review Officer from the TDI-DWC to discuss the issues. If the issues are resolved, an agreement will be typed up and signed by both you and the insurance carrier; if the issues aren’t resolved, you may choose to go to a contested hearing or arbitration.
(Step 2 – A) Contested Case Hearing:
A formal hearing is held with a Hearing Officer from the TDI-DWC; you will get an order from the Hearing Officer regarding his decision about your claim. If you still aren’t satisfied with the outcome, you can take your case to an appeals panel.
(Step 2 – B) Arbitration:
A meeting is arranged with an independent arbitrator chosen by the TDI-DWC where you and the insurance representative share your reasons for conflict regarding your claim; the arbitrator will make a decision for the claim that is final and can’t be appealed.
(Step 3) Appeals Panel:
If you weren’t able to come to an agreeable solution in the contested hearing, an appeals panel will review written statements from you, the insurance representative, and the Hearing Officer to make a final decision. You will be issued a written statement from the panel with a final decision.
You may also appeal your decision to a court of law in Texas if you don’t agree with the decisions made by the TDI-DWC.
HELP FROM AN EXPERIENCED LAWYER
If you decide to dispute a decision regarding your workers’ compensation claim, you may ask a local ombudsman for assistance or hire an attorney. The workers’ compensation lawyers at Terry Bryant have helped other injured victims, and we’re dedicated to getting you the benefits you need. Give us a call at 1 (800) 444-5000.
*Workers’ Compensation cases likely to be referred.