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What To Expect When Appealing A Workers Compensation Case

Were you injured at work and tried to use workers compensation, but your claim was denied? Know that the process is not over since you can appeal the denial with the help of a lawyer. Here is what you can expect to happen during the appeals process. 

Filing The Appeal

Everything starts with filing an appeal with the proper court in your state. Part of the appeal will be to have clear grounds for why the case is being appealed. This could include having your claim denied without a proper investigation, that the workers compensation insurance provider did not follow local state regulations and laws, or that there was another mistake made along the way.

Gathering Evidence

It is up to you to gather the evidence that you need to support your claim that the appeal was wrongfully denied. This can include getting witness statements, medical records, and any other evidence that you can get your hands on to prove your case. You may even want to gather communication from your employer downplaying the seriousness of the accident.

Attending The Hearing

Your lawyer will do the majority of the work to prepare for your hearing, and will likely go over everything with you that they plan to present in court. You'll watch your lawyer present their evidence to the judge, followed by the workers compensation insurance provider. There will be an opportunity to question witnesses and review evidence to ensure that your case is presented in the best light possible. You may even be questioned personally regarding your workers compensation claim. 

Receiving The Decision

A judge will take all of the evidence that they hear and rule on the case. However, you may not get a judgment on your appeal right away. It's possible that you'll receive a written decision at a later date after a judge has more time to review the evidence presented. 

If the judge rules in your favor, you can start receiving your workers compensation benefits. If the judge denies your appeal, you still have more legal actions that you can take. For example, you may be free to file another appeal to have your case heard in front of a different judge. 

Appealing a workers compensation case can be tough, especially if you've never gone to court before for a matter like it. Work with a workers compensation lawyer in your area to give you the best possible fight in the courtroom. Reach out to a local firm, such as Siben & Siben LLP, to learn more.