When your initial work injury claim is denied, you should speak to an attorney as soon as possible to discuss your options. It is highly recommended that you have an attorney represent you at any court hearing or trial.
If a judge has already heard your case an issued an opinion, you have thirty days to file an appeal. This is a very short time frame, so you need to act quickly if you are considering appealing the decision that denied your workers’ compensation claim.
The first step you should take is to hire an experienced workers’ compensation lawyer. The legal issues involved in an appeal can be much more complicated than those in a regular workers’ compensation claim.
Meeting with an experienced attorney will allow you the opportunity to have your evidence and the initial decision by the court reviewed, and at that point an attorney familiar with the appeals process can advise you as to whether or not you may be able to mount a successful appeal.
There are several grounds that can be used to allow an appeal, and if your case fits into one of these criteria, you may be able to get a reversal of your decision. However you should always speak to a workers’ compensation attorney BEFORE you file a lawsuit or have your case heard by a judge as you may be waiving rights without knowing it.
