Appealing a Workers’ Compensation Decision in Catoosa County

If you suffered an injury at work in Catoosa County, you could have a viable claim for workers’ compensation benefits. However, if your Catoosa County employer denies your claim, you still have an opportunity to recover compensation by filing an appeal. Unfortunately, appeals are often less likely to lead to recovery than with the initial filing a compensation claim. An experienced Catoosa County workers’ compensation lawyer might be able to improve those odds, however.

If you received an adverse decision on your claim from the administrative law judge, you have the right to appeal that decision. However, a failure to file a timely appeal may cost you the opportunity to recover compensation.

The Compensation Process in Georgia

Before an injured worker appeals the decision of an administrative law judge, the worker must first go through a multi-step process. First, the plaintiff must complete and file a form known as a WC-14. This form puts the employer on notice of a claim. If the employer accepts the claim, an injured worker could receive benefits within eight days.

If the employer rejects the claim, the employee has the right to request a formal hearing from an administrative law judge. While these hearings are typically not as formal as a trial, they complex enough that the Georgia State Board of Workers’ Compensation recommends the use of an experienced workers’ compensation attorney.

Should the administrative law judge deny the worker’s benefits, the next step is an appeal.

Appealing a Denial

An appeal of the Georgia administrative law judge’s decision is taken up by the Appellate Division of the State Board of Workers’ Compensation. The board, made up of three members, ultimately decides if a mistake was made at the hearing.

Workers have 20 days from the administrative law judge’s decision to file their appeal. If the employee misses the deadline to file, the opportunity for compensation is gone.

After a timely appeal, the Appellate Division reviews the record of the initial hearing. The board only considers evidence entered at the hearing, as the rules do not allow for additional evidence on the appellate level. However, the rules do allow for a workers’ compensation attorney to file briefs and request an oral argument. Ultimately, it is up to the Appellate Division to determine if oral arguments are warranted.

Appellate bodies frequently side with employer and the decision of the administrative law judge. The Appellate Division routinely defers to the trial judge, believing that the administrative law judge is best positioned to review the evidence.

Additional Appeals

If the Appellate Division sides with the employer, there are still additional options for further appeals. An employee is entitled to appeal the decision of the Appellate Division to a Georgia Superior Court. From there, an employee may appeal a negative outcome on the Superior Court level to the Georgia Court of Appeals. At each level, an injured worker has 20 days from the lower court’s decision to request an appeal. With each subsequent appeal, the odds of an award get slimmer.

Contact a Catoosa County Workers’ Compensation Attorney

You are entitled to pursue compensation through the appellate process on your own. However, your employer has its own lawyers ready to take you on at every level. To even the playing field, contact a reliable Catoosa County Workers’ Compensation Lawyer as soon as possible.