If you have been injured on the job, your employer may be obligated to provide you with workers’ compensation benefits. Your benefit can vary depending on where in the United States you live and which state has jurisdiction over your claim. This blog post will go over some of the basics of what is needed for a successful appeal process and how it pertains to your particular situation.
The first thing that must happen before an employer’s liability insurance carrier pays out any money is receiving documentation from medical providers showing proof of injury or illness. The next step is for them to decide whether they are liable for paying out those funds when there was no way to predict the likelihood that their employees would suffer injuries as a result of doing their job.
The burden of proof is on the employer, and they have to show that it was a job-related injury or illness for them not to be liable for paying out any benefits. If you feel like your employer’s insurance carrier has unfairly denied your claim, contact an attorney who can help you with appealing this decision!
The next step for you is to find out how much time you have before the deadline for filing a petition. You must file your appeal within the maximum period given by the state government from the date of the event, or else it will be too late to do so.
To process an appeal, you’ll need medical documentation from any physicians who treated you after the injury took place or who gave expert testimony in front of the Workers’ Compensation Appeals Board (WCAB).
Once you have gathered all the necessary documents, your lawyer will prepare a petition and file it with the WCAB per its timelines. The respondent (the insurer) then has an opportunity to respond by providing information through “exhibits” that they plan on introducing as evidence at trial.
Once both sides are prepared, a hearing date will be set for sometime in the future, and both parties will have the opportunity to present their cases according to Caffee Law Firm. If the judge finds your case genuine, he will order your employer to release funds immediately.