Appealing a Dalton Workers’ Compensation Claim
The state might deny workers’ compensation claims for many reasons, and it could be a dispute over the facts. The employer might have one story about how the injury occurred, and the employee could have a different one. It could be a dispute over medical causation, the event that caused the injury. People may disagree and argue over those things, and the department could side with the employer and deny the claim. If you are considering appealing a Dalton workers’ compensation claim, consulting a well-practiced lawyer could be beneficial. One of our experienced workers’ compensation attorneys could help you maneuver through the system in pursuit of your claim.
How to Appeal Workers’ Compensation Denials in Dalton
A person should consider appealing a workers’ compensation claim in Dalton when he or she thinks that the state’s decision is against the weight of the evidence. If the individual believes that the state ignored part of the evidence, did not have all of the evidence, or treated unimportant evidence as more important than proof that the employee thinks is more crucial, he or she should consider appealing.
Plaintiffs should note that there is a forms process involved for the appeal. A form must be filed with the state, and there is an online system that one of our lawyers have access to where there are forms prescribed by the state where one can appeal decisions. The appeal for denied workers’ compensation claims requires filing a certain amount of paperwork, collecting evidence, and having another hearing in front of a judge.
Under What Circumstances May a Person Not Appeal a Denied Claim?
A person in Dalton can decide not to pursue appealing a workers’ compensation claim at any time. Reasons for doing so may include the employee not remembering what happened and a consequent inability to testify regarding the matter. A person may also be dissuaded from an appeal if the employer can give compelling evidence that the injury did not occur at or because of the job, or if the employee’s doctors are not clear and will not support the plaintiff’s claim that their damages occurred as a result of an event on the job. If one does not have enough proof, or if the evidence is just not clear enough, he or she might decide not to pursue an appeal.
Essential Components Needed for a Succesful Claim
The key factors needed to ensure that a workers’ compensation claim is successful include proving how the injury occurred. When helping a plaintiff apply, our lawyers must be able to prove and explain exactly how the injury occurred, exactly what happened, and how it led to the employee’s condition. Our attorneys must then prove that the medical condition the plaintiff has is related to the event that happened at work. Consequently, doctor testimony or doctor opinions are needed to verify what the injury is and that it came from the event as well as prove the limitations on the employee.
Other questions that could be asked to determine the essential components in a workers’ compensation claim include:
- What is their permanent impairment rating?
- How is that permanent impairment rating calculated?
- What money does that permanent impairment rating entitle the employee to?
- Are there going to be future restrictions?
- Can the employee go back and do the same job they were doing before?
- Are they going to be permanently limited in the jobs they can do in the future?
Role of a Workers’ Compensation Lawyer in a Claim Appeal
A workers’ compensation attorney has a significant part to play in appealing a decision since fighting a denial is very intensive in the law. A lawyer must research the law, explain the law to the judge as it benefits the plaintiff, and must master the facts. An attorney must also gather and understand all of the necessary evidence and present it in a compelling and understandable way to the judge to prove their case. Since proving the case means doing so with medical proof and medical testimony and things of that nature, he or she must also understand medicine. Learn more about appealing a Dalton workers’ compensation claim by speaking with a skilled attorney today.
