Braselton Workers’ Compensation Appeals Lawyer

You hope that after you file a workers’ compensation claim, it will be accepted quickly and paid promptly. In most cases, that is exactly what happens. Occasionally, however, claims are denied or returned for various reasons, leaving your case and medical treatment in limbo.

When this happens, you may need legal help from a skilled Braselton workers’ compensation appeals lawyer like those at Smith Hulsey Law. A workers’ compensation attorney could determine why your claim was denied and help you file the proper paperwork to have your claim reviewed and appealed before the deadline expires on your case.

Why Would I Need to Appeal A Claim?

If a claim is denied, that is not the end of your workers’ compensation case. You were still injured, and your injury happened on the job. You have a legal right to ask a hearing officer, known as an administrative law judge (ALJ), to review the case. If that does not work, you can still appeal the case in court.

The hearing and appeal process is complicated, and you should consider getting legal assistance if your claim is denied. A Braselton appeals attorney could help you gather the information you need and present your workers’ compensation case to the ALJ.

Key Steps in the Workers’ Compensation Appeal Process

The first thing you must do is determine why your case was denied. The state will send a letter, but it will only state the general reason for denial. You need specific reasons. For example:

• Reporting after the 30-day deadline
• Dispute over whether the injury is work-related
• Claims that you were impaired by drugs or alcohol at the time of the injury
• Claims that you were misclassified as an independent contractor and not covered by workers’ compensation

To get the complete reason for denial, you may need to file a form with the State Board known as a WC-14. A workers’ compensation attorney could explain how to file an appeal in Braselton and what you must request.

You need the specific reason for denial because you must request a hearing with the ALJ to dispute the denial. You will need evidence that refutes the denial. For instance, if they claim you did not report in time, you need documents that show when and how you reported your injury to your employer.

Filing an Appeal

If the ALJ does not rule in your favor, you have only 20 days to make an appeal to the Appellate Division. An appeal requires written legal briefs that explain why you believe the ALJ was incorrect. At this point, you should have legal representation.

An attorney will review the ALJ’s decision and your evidence and write an appellate brief that explains where the ALJ’s decision was incorrect and what decision would have been appropriate in this case. The Braselton attorneys at Smith Hulsey Law could use their knowledge of state statutes and case law to support your workers’ compensation appeal claim and help secure the outcome you deserve.

Get Legal Assistance From a Braselton Workers’ Compensation Appeals Attorney

The workers’ compensation appeals process is complicated and requires legal knowledge that most people do not have. There are deadlines that must be met, and judges are less likely to give you leeway if you miss one. A Braselton workers’ compensation appeals lawyer could provide you with the knowledge and skills you need to ensure your workers’ compensation claim is approved and you receive the care and coverage you deserve. Call our office today for a free and confidential consultation.