When your worker's compensation claim is denied, you may have mixed emotions. The first emotion is defeat; you wonder what you could have done better to ensure that your claim was approved. Another emotion may be frustration; you are angry that your claim was denied and frustrated because you depended upon those funds. You may also feel despair and confusion; you aren't sure what to do now. Fortunately, even if your claim is denied, you have options. If you didn't have an attorney helping you with the initial claim, you need to retain the services of a qualified worker's compensation attorney immediately.
Your attorney has dealt with numerous worker's compensation appeals cases before yours. As a result, your attorney is well-versed in strategy and can help you plan your appeal with the intent to win as much money as possible. Your attorney will advise you on what documents you need, what proof you should provide with your appeal, and what medical providers you need to see. All of these elements are needed to file a successful appeal.
Once you have all of your paperwork and treatment records in order, as well as other documents the appeals board will need, your attorney will put together your appeal package for you. Once everything is compiled in the proper format, your attorney will submit your appeal. Your attorney will also present your case in front of the appeals board if a live hearing is allowed. Once this is done, your attorney will keep you advised of the status of your appeal so you know where you stand.
Many individuals are afraid to contact an attorney, because they aren't sure how they will pay the attorney's fees. Fortunately, many reputable attorneys will take your case with no fee up front. Once you receive a settlement, the attorney will charge a fee based on the amount you receive in the settlement. This fee is a percentage of your settlement amount and generally ends up being between 10% to 25% of the settlement amount. Most states have set caps on the amount an attorney can charge in a worker's compensation case, so you won't have to worry about hidden charges adding up at the end.
While it is a possibility that you can win a worker's compensation appeal without an attorney, it is generally unlikely. It is best to have the services of a professional to help you navigate the murky waters of worker's compensation law, and ensure that you have a solid appeal package to put in front of the judge. For more information, contact Gilbert, Blaszcyk & Milburn LLP or a similar firm.