If your workers’ compensation claim has been denied, it’s normal to feel confused and anxious about your next step. Fortunately, a denial does not necessarily mean the end of your case. Both Arkansas and Missouri provide a workers’ comp appeals process that allows injured employees to challenge a decision. Knowing what to expect can help you prepare and protect your rights.
At The Cottrell Law Office, we understand how stressful it can be to balance recovery with legal deadlines. Our goal is to explain the process clearly and stand by your side through every stage.
For a free consultation and to speak with a representative, please reach out to us online. We are here to assist you.
Can You Appeal a Workers’ Comp Decision?
Yes. In Arkansas and Missouri, injured workers may file a workers’ compensation appeal after a denial. Claims are often rejected due to:
- Incomplete paperwork,
- Questions about whether the injury happened at work,
- Disputes over medical evidence, and
- Arguments that the condition existed before the accident.
Appealing gives you the opportunity to present additional documentation, clarify facts, and make sure your side of the story is heard.
Understanding the Workers’ Comp Appeals Process in Arkansas and Missouri
Although you can appeal a workers’ comp decision in Arkansas and Missouri, there are rules and processes to follow. Each state uses its own system, but the workers’ comp appeals processes in both Arkansas and Missouri follow similar paths. First, you present your case to an administrative law judge. If the judge rules against you, you can request review by a commission. If necessary, you may take your appeal to the state appellate courts.
Here are some essential points to keep in mind about the process, no matter which state its in:
- Deadlines are strict. Missing one can cost you the chance to continue.
- Evidence matters. Medical records, expert testimony, and employment records often make the difference.
- Appeals take time. Many cases last several months, and complex claims may extend longer.
Let’s take a look at specific rules in the respective states.
How Does the Appeal Process Work in Missouri?
In Missouri, the appeals process generally moves through three levels:
- Initial hearing. An administrative law judge with the Division of Workers’ Compensation hears your case for disputing benefits denial.
- Commission review. You may appeal an administrative law judge’s decision by filing with the Missouri Labor and Industrial Relations Commission within 20 days. A three-member panel examines the judge’s ruling and can affirm, reverse, or modify the outcome.
- Court of appeals. If you remain dissatisfied, you can pursue the case before the Missouri Court of Appeals.
Each stage involves specific rules and filing requirements. Acting promptly after a denial is essential.
What About the Appeals Process in Arkansas?
Arkansas law provides a similar multi-step approach:
- Hearing before an administrative law judge. A worker denied benefits may request a hearing before an administrative law judge with the Arkansas Workers’ Compensation Commission.
- Full commission appeal. If you disagree with the judge’s ruling, you have 30 days to appeal to the three-member commission.
- Court of appeals. The next level is the Arkansas Court of Appeals, which reviews commission decisions.
Like Missouri, Arkansas enforces deadlines, and missing one may end your opportunity to appeal further.
How to Appeal a Workers’ Comp Denial
The first step after receiving a denial is to read the letter from the insurance company or commission. That notice explains the reason for rejection. After reviewing the basis for denial, you and your attorney can build a strategy for responding.
Helpful documentation may include:
- Updated medical records,
- Expert reports,
- Witness testimony, and
- Employer or insurance correspondence.
Because workers’ compensation appeals involve legal procedures, guidance from an experienced lawyer can help you present the strongest possible case.
How Long Do Workers’ Comp Appeals Take?
Unfortunately, there is no simple answer to this common question. Timelines depend on the complexity of the case, scheduling at the commission or court, and whether the appeal progresses beyond the first stage.
A hearing before an administrative law judge may take several months to schedule. A further appeal to the commission or state appellate court can extend the process for a year or longer. While waiting can be frustrating, the process provides you with another opportunity to secure needed benefits for medical treatment and lost wages.
Why Work With an Attorney?
You are not required to hire a lawyer, but the workers’ compensation appeal process is detailed
and technical. Insurance companies rely on experienced attorneys, and you deserve the same.
At The Cottrell Law Office, we can help:
- Track and meet all deadlines,
- Collect and present persuasive evidence,
- Represent you at hearings, and
- Advocate for the full benefits you are entitled to receive.
With more than 32 years of experience handling cases in Arkansas and Missouri, Wesley Cottrell understands how to guide clients through every stage of the appeals process.
Get Help with Your Workers’ Compensation Appeal
A denied claim can be discouraging, but it does not have to end your pursuit of benefits. The workers’ comp appeals process in Arkansas and Missouri gives you a second chance to be heard.
If your claim has been denied, contact us online for a free consultation. With decades of experience representing injured workers across the region, we are prepared to review your case, explain your options, and fight for your rights from start to finish.
Wesley Cottrell
Wes Cottrell earned his B.A. from Pittsburg State University in 1981 and his J.D. from the Washburn University School of Law in Topeka, Kansas in 1985. He was admitted to practice law in Kansas in 1986, in Missouri in 1987, in Arkansas in 1989, and Oklahoma in 1993. He is licensed to practice law in the United States District Court for the District of Kansas, eastern Arkansas, western Arkansas, and western Missouri. He was Deputy Prosecuting Attorney in Crawford County, Kansas from 1987-1989.
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