Evaluating Your Options

Workers' Compensation Appeals: What You Should Know Before Proceeding

4 August 2020

Dale Watkins

Did you submit a workers' compensation claim that was denied? If so, you will have the right to appeal the decision with your local workers' compensation appeals board. Here is what you need to know before you proceed. 

How To Appeal

If the trial court has made a decision on your workers' compensation claim that isn't in your favor, you will need to appeal the result that the judge made. It's not a chance to have another trial and a do over. Instead, you're using the justification given by the judge and stating why it is legally not the correct verdict. The ruling will have the judge's justification as to why they reached their decision, and you will need to point out the legal errors that were made. While you do have the right to appeal a workers' compensation claim denial, it's important to only do so if you feel like you have a valid reason to do so.

Who Can Represent You

When appealing a workers' compensation denial claim, you can either represent yourself or have a lawyer be your representative. It is not possible to have a family member or friend represent you to help you in court. This means people have to go through the process alone or pay for legal assistance. If you get a workers' compensation lawyer to represent you, they'll be able to help guide you through the appeal process.

How To Respond

You must file a notice of appeal with the trial court. You will have to choose whether this is a compensation appeal or an interlocutory appeal. A compensation appeal is used to appeal a final decision made by the trial court, while an interlocutory appeal is used to appeal other aspects of the denial. For example, a compensation appeal is typically done at the end of a trial when someone is not happy with the final verdict. An interlocutory appeal can be used early on in the trial when there is something wrong with the process of the trial itself. 

What Happens After Submitting The Appeal

Once you respond to the appeal, the records of your workers' compensation case is then sent to the appeals court. Their job is to review the case and to make sure that any decision made by the trial court is supported by the law and evidence. The appeals board is not decided on by a single judge. Instead, it's decided by a group of multiple judges that decide based on a majority vote. You'll then receive a written opinion from the appeals board that states why they made their decision about your case. 

From here, your workers' compensation appeal can either end or it can become much more complicated to move as you continue to move forward to receive favorable judgement. Work with local workers' compensation lawyers for their assistance with navigating the legal process.

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