Appealing A Workers’ Compensation Denial in Pascagoula

If an employee is injured while on-the-job, they may be able to recover compensation benefits. The most important thing for an employee to do after being injured on the job is to report the injury to their employer right away and seek medical treatment immediately. Failing to report the injury can result in benefits being denied or delayed.

Insurance companies often deny claims without reason and overlook legitimate injuries. Appealing a worker’s compensation denial in Pascagoula could be difficult to achieve without legal help. A skilled workers’ compensation lawyer will help make the claims process simpler. When appealing a workers’ compensation decision, an experienced attorney will draft all the necessary pleadings and prepare the case for filing. Reach out to a skilled attorney to learn about the nuances of appealing a workers’ compensation claim.

Deciding To Appeal

An individual should consider appealing a workers’ compensation decision in Pascagoula if there are substantial laws and facts to the contrary of the decision, even if the judge has clearly denied benefits. The appeals process can be lengthy, but an experienced workers’ compensation lawyer will walk you through and help understand the process. Appeals in workers’ compensation cases are rare because the law is well-established. We will help you decide whether an appeal is likely to successful.

Appeals from Mississippi Workers’ Compensation decision go first to the Mississippi Worker’s Compensation Commission.  The Commission always for thorough argument as to why the judge was correct or incorrect in their decision.  For Longshore cases at the federal level, an administrative law judge from the Department of Labor issues decisions, and a benefits review board will then affirm or reverse the decision. Appeals from the benefits review board, the case goes to the Fifth Circuit Court of Appeals.

How To Start The Appeals Process

People can appeal workers’ compensation denials in Pascagoula by sending a notice of appeal, which is a one-page notice that the appeal is being made at the lower court. The appeals process can be complicated, and there are substantial costs associated with appealing.  The attorney appealing the case will bear the costs of the appeal. All transcripts must be created by the court reporter, and all exhibits and evidence must be submitted to the higher court or commission. The workers’ compensation lawyer will also write an appellate brief, which must be written according to certain standards and is often time-consuming to put together.

Let A Workers’ Compensation Attorney Help

An employee can take steps to help ensure that their workers’ compensation claim is successful. If the employee is honest with their doctor, and if they undergo the treatment that their doctor provides, they have done their own case a great service. It is best to seek help from an experienced lawyer to help with the legal elements of a workers’ compensation claim. An experienced workers’ compensation attorney could study the employee’s medical records and stay up-to-date on medical science and treatments, all of which can be valuable as the employee tries to get back to work. Alternatively, if the employee is unable to return to work, their attorney might discuss long-term strategies, care, and potential re-employment with them.

When appealing a workers’ compensation decision in Pascagoula, an experienced attorney could draft all the necessary pleadings and prepare the case for filing. Schedule a consultation today to learn more about how an attorney could help.