How to have your workers compensation claim reviewed by a judge

Are you confused or frustrated by your workers comp claim?

Injured workers often face roadblocks and disputes with insurance carriers and employers during the course of settling their workers compensation claim.  Insurance carriers and employers sometimes take positions that are unreasonable, and this leaves a worker wondering what to do next. In these situations, injured workers often ask us “how do I talk to the judge to help me get a fair review of my case?”

Workers compensation jurisdiction

To talk to the judge, the judge must have power over the case. This power is called jurisdiction.  To have your case reviewed by a judge who has jurisdiction over your workers compensation case, the injured worker or his counsel must file a form called Application for Adjustment of Claim.  That form can be found on the website for the Indiana Workers Compensation Board whose website is www.in.gov/wcb.  Once you file that form with the Board, you should receive a 5-digit case number called a Cause number.  (Note: Filing means that you receive a file-stamped copy that you can obtain either by bringing the form in person to the Board or by mailing it to the Board.)  Having a cause number gives you the power to ask to meet with the judge.

Your employer will have an attorney when you meet with the judge

If you ask to meet with the judge, your employer will have an attorney.  Employers are required to have attorneys before the Board.  If you go to the Board without an attorney, you may face an uphill battle.  The judge is neutral and is not appointed to protect your interests, but will try to be just in resolving the case.  Ultimately, your case is against a seasoned attorney who represents your employer or the insurance company, and who will definitely not have your best interests at heart.  You will benefit from having an experienced workers comp lawyer on your side when you meet with the judge.

Above all else, stay focused on your own recovery and consult with an experienced workers comp attorney when necessary

If you’ve been injured at work and would like to consult with an experienced workers compensation attorney, contact us at Klezmer Maudlin. We care about fighting for the rights of injured persons and workers throughout the state of Indiana.