Before appealing a denied workers’ compensation claim in New Hampshire, it is crucial to understand why it was denied. Common reasons include insufficient evidence of injury, lack of medical documentation or claims that the injury did not occur at work.
Reviewing the denial letter will help identify the specific reasons for the denial, providing a clear path for addressing them in the appeal.
Gather Evidence
The next step in the appeals process is to gather comprehensive evidence to support your claim. This includes medical records, witness statements and other relevant documentation that can substantiate the injury and its connection to the workplace. Ensure that all medical documentation is thorough and clearly outlines the nature and extent of the injury and the required treatments.
File a Petition for Hearing
In New Hampshire, the first step in the formal appeals process is to file a “Petition for Hearing” with the New Hampshire Department of Labor (DOL). This petition must be filed within 18 months from the date of injury. The form can be obtained from the New Hampshire DOL website or their office. Completing the form accurately and providing all necessary documentation is crucial to avoid delays or further complications.
Prepare for the Hearing
Once the petition is filed, a hearing will be scheduled. Preparation for this hearing is essential. It may be beneficial to consult with a legal representative to ensure all aspects of the case are covered. During the hearing, both parties can present evidence and make their case before a hearing officer.
The Hearing Process
At the hearing, you will present your evidence and may need to provide testimony regarding the injury and its impact on your ability to work. Witnesses like coworkers or medical professionals may also testify on your behalf. The employer or their insurance representative will also present their case. The hearing officer will review all the evidence and make a decision.
Post-Hearing Actions
If the hearing officer denies your appeal, you can request a further review by the Compensation Appeals Board (CAB) within 30 days of the decision. If the CAB also denies the claim, the next step would be to appeal to the New Hampshire Supreme Court.
Each step of the appeals process requires careful preparation and adherence to specific deadlines, so staying organized and informed is crucial.