How an Attorney Can Help You Appeal a Denied Claim
Typically, a workers’ compensation case is decided by a judge of the State Board of Workers’ Compensation after a hearing. During the hearing, the judge reviews the evidence and arguments presented by both sides. Then, they issue in writing their decision on what payments the claimant should receive.
This may be the end of it, but if you believe the judge decided in error on your case, you do have the option to appeal. With a Woodstock workers’ compensation appeals attorney at The Warlick Firm, you have a better chance of winning your workers' compensation appeal and receiving enough benefits to cover your medical expenses, lost income, and more.
How to Appeal a Workers' Compensation Claim
To appeal a workers’ compensation case in Georgia, you must have a legal reason. This means you believe the judge based their decision on an error of fact or understanding or did not follow some aspect of the law. Asking to be awarded more money in damages may not be a good enough reason to appeal, unless the judge did not follow a legal guideline in deciding your award.
Why Would a Workers' Comp Claim Be Denied?
There are several reasons your initial claim could be denied. These include:
- A missed deadline in the reporting or claims process
- An allegation by your employer that the injury did not happen at work, or happened outside the normal scope of your job
- Insufficient evidence to support your medical claims, according to the judge
A claim can be dismissed for even a minor mistake in the claim process.
How to Win a Workers' Comp Appeal
To determine whether your case is strong enough to merit an appeal, you should consult a Woodstock workers’ compensation attorney. A lawyer’s familiarity with Georgia workers’ compensation law, as well as with the appeals process, can mean the difference between a denied appeal and a successful appeal. For some cases, your chances of winning your workers' comp appeal can increase drastically by securing strong representation.
What Is the Workers' Comp Appeals Process In Georgia?
You (or your lawyer) have 20 days from the date of the workers' comp hearing to appeal the decision on your claim.
- To appeal, an application must be submitted, as well as a document explaining the errors you believe the original judge made.
- Then you have 20 days from the date the appeal was filed to submit your brief, a written argument containing all the facts of the case.
- The opposing party also submits a brief. Appeals are entirely document-based, unless your lawyer requests to be allowed an oral argument, which is limited to five minutes.
- The appeals court judge then renders a decision. It is possible to appeal to a higher court, though not all appeals are accepted.
Appealing a decision on a claim is a complicated process. One mistake can mean a dismissal. It is always best to trust your case to a determined, capable lawyer who can help you make sure everything is done correctly.
How Long Do Workers' Comp Appeals Take in Georgia?
Every appeal is different, so it's difficult to put a specific time frame on the appeals process. In general, an appeal can take anywhere from a few weeks to several months. Some of the factors that contribute to a longer process include having to submit the proper paperwork, waiting for the Administrative Judge to provide their ruling on the appeal, and potentially pursuing a higher level of appeal if the results are not in your favor. Our team will make every effort to guide you through the appeals process expeditiously.
Our Woodstock Workers' Compensation Lawyers Can Help
Our Woodstock workers’ compensation attorney is willing to put in the time and effort to make sure your case gets the consideration you deserve. Working with an experienced lawyer is one of the best way to increase the odds of winning a workers' comp case. Don’t accept a judgement that doesn’t give you the help you need—call Attorney Nicholas Warlick and get started with an appeal.
Call us today at (678) 797-7705 or contact us online to start your appeal.