How A Workers' Compensation Attorney Can Help With An Appeal

Posted on: 26 April 2023

It can be devastating to suffer an injury that results in financial and physical hardships. Thankfully, workers' compensation laws have been put in place to protect employees that are injured while working for their employers. The process of making a workers' compensation claim can be quite complicated. Claims are delayed, disputed, or outright denied by both insurance companies and employers to prevent paying out the compensation that employees deserve. That's when you'll want to work with a workers' compensation attorney to help with an appeal. Here are some ways that you can get the legal assistance you need. 

Appeal Filing

If your claim was denied the first time, then you likely did something wrong during the initial claim filing process. Now you'll need to file a new set of paperwork for the workers' compensation denial appeal. Your lawyer can help you fill out the paperwork to ensure that it is accurate and correctly represents your case. It will give you the best possible chance of preventing an appeal from being denied due to filing mistakes. 

Evidence Gathering 

Filing an appeal means that a lot of evidence needs to be gathered to disprove the reason why your claim was denied. This could include gathering witness statements, medical records, and expert opinions that can vouch for the seriousness of your injury. You may struggle with doing some of those things on your own and need the help of a lawyer to do it for you.

Hearing Representation

You'll need to show up in court for a hearing where your arguments are presented to a judge. If you've never been to court before, the process of representing yourself in a hearing can be quite difficult. You need to not only do your part to gather evidence, but you need to learn how to present that evidence in court. A lawyer helps take care of these things for you, so you don't have to even be concerned about handling the hearing incorrectly. 

Mediation Negotiation

Know that every workers' compensation appeal doesn't necessarily go through court. It's possible that the insurance provider will want to go through mediation and settle the case once they discover that you have new evidence and expert witnesses to speak on your behalf. Your lawyer can help you with negotiations during the mediation process. You'll have an advocate on your side that helps ensure you are getting the compensation you deserve, and that your rights as an injured worker are being upheld.

For more information, contact a local law firm, like Siben & Siben LLP.