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Can you appeal a denial of workers' compensation benefits?

Nevada workers are sometimes injured on-the-job in a manner that is so severe that it prevents them from working. When this happens, they may apply for workers' compensation benefits.

Unfortunately, sometimes despite a worker's best efforts and great need, their initial application for workers' compensation benefits is denied. However, workers may be relieved to hear that this doesn't have to be the end of the story. There are ways to appeal a denial. The first level of appeal is seeking a hearing through a Hearing Officer.

A hearing will only address the issues the worker appealed due to the insurance company's written decision or its failure to execute a response to the workers' written request. A worker can attend their hearing, but if this isn't possible they may also appear via telephone or by submitting a statement in writing. If appearing at the hearing, a worker should have a sufficient amount of copies of any documents being submitted to the Hearing Officer and the opposing side.

The worker bears the burden of proving his or her case. It is essential that the worker is very knowledgeable about the issues they are appealing and what is needed to prove their point. Because a worker bears the burden of proof at a workers' compensation hearing, they may want to have the assistance of an attorney.

The hearing will be conducted in a manner that is both fair and impartial. At the request of the Hearing Officer, the worker will have the opportunity to present his or her evidence and state his or her case. The Hearing Officer will then reach a resolution using mediation techniques.

If a worker is not satisfied with the decision made by the Hearing Officer, the next step is to bring their case to an Appeals Officer. However, it is entirely possible that a case might be resolved through a hearing. In the end, it is important that the worker eventually receives the benefits he or she is entitled to, so the worker can focus on recovery.

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