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What Is The Process When Your Employer Denies Your Workers’ Compensation Claim?

When you’ve been injured on the job you would like to think that your employer would do what is best for you and allow you to file a claim to get compensated for the time you’ll miss work.  That is not always the case.

Once you’ve filed a workers’ compensation claim your employer has up to 28 days to deny the claim.  If that is done, you’ll want to seek the guidance and expertise of a board certified Connecticut workers’ compensation attorney.  Once you’ve found and met with your attorney, he/she will request an informal hearing.

What is an informal hearing?

This type of hearing is held in a conference room (generally) not a courtroom.  Your attorney will be present and the company’s attorney will be present.  A commissioner will preside over the hearing at which time the two sides will discuss the claim.  At this type of hearing the commissioner is acting as a mediator of sorts to help both sides come to terms.

If the claim is unable to be resolved at the informal hearing, the parties will move to a pre-formal hearing.  This type of hearing is to determine whether the two parties will need to go ahead with a formal hearing which is a trial which is held in front of a commissioner.

Most cases can be resolved at an informal or pre-formal hearing level, roughly 5% of all cases end up at a formal hearing.

If you have been injured on the job you’ll want to consult a workers’ compensation attorney who can help guide you through this process and help you settle your claim with your employer.  Your attorney will walk you through the process and continue to look out for your best long term interests.