If you get injured at work, you expect to get workers’ compensation. This can help make up for the medical costs and keep you financially afloat while you recover from your injuries. Unfortunately, not every workers’ compensation claim gets approved. If you disagree with the decision reached, there are often ways to make your disagreement known. We recommend that you have an experienced San Antonio, Texas work injury lawyer by your side when you do that.
How Does the Workers’ Compensation Claim Process Work?
When you file a workers’ compensation claim, you will get a response back from the insurer that your workplace uses. They decide what kind of compensation you get and whether you receive medical benefits at all. You can try to negotiate better terms with them after receiving a response, but if an agreement cannot be reached then you have to attend a benefit review conference.
Both sides are given another chance to meet and figure out an acceptable outcome. If an agreement still cannot be reached, there are two options. You can go to a contested case hearing in front of a judge or you can choose arbitration.
Can I Appeal a Workers’ Compensation Decision?
If you believe that your contested case hearing, or CCH, did not go the right way, you are able to appeal the decision. You cannot appeal if you choose arbitration though. The arbitrator’s decision is the final answer there.
You must ask the Appeals Panel at the Division of Workers’ Compensation to look at the decision again. This appeal must be in writing and you must have a clear argument for why the original decision was wrong. You can gather evidence or point to other rules, laws, and court cases that support your point. Whatever it takes to show that your workers’ compensation decision was not the right one.
The Appeals Panel can look at everything that you have gathered and make their decision. They can leave the original decision in place, change the decision, or send you back to an administrative law judge.
How Long Do I Have to Appeal a Workers’ Compensation Decision?
You have just 15 days to file an appeal after a CCH. A copy must also be sent to the other parties involved in your claim. The Appeals Panel will not consider a late appeal in any circumstances.
Do I Need a Lawyer?
Having a lawyer can be extremely helpful here. A workplace injury attorney from our firm can:
- Help gather evidence
- Negotiate with insurance providers
- Make the best effective arguments on your behalf at every stage of this process
- Ensure that you do not miss any important deadlines
Schedule Your Free Consultation
So if you are ready to file a workers’ compensation claim or appeal a decision, our attorneys are ready to help you. Contact Sahadi Legal Group and learn more about how we help workers like you every day. Schedule a free consultation today.
