Workers’ compensation cases are notoriously complex, which is part of the reason that they can take years before a case ends and a settlement is reached. Sometimes the delay is due to the workers losing their initial claim. Other times it’s because of errors by the insurance company or the courts. But no matter how long it takes, when a dispute eventually comes to court, it can be nearly impossible for the employer to avoid paying. So what should an injured worker do if he or she wants to lodge WCB Appeals?
Workers should contact an attorney if they think they have a chance at winning WCB Appeals. Some state laws allow workers to represent themselves in court. In most states, however, workers must use an attorney. This is because workers’ compensation requires that the attorney be particularly knowledgeable about state labor laws. After all, he or she will be dealing with insurance companies. And although attorneys are often considered specialists in their field, some have worked in the workplace and know local rules and regulations that can affect the outcome of a case.
Workers who don’t have attorneys to appeal their decision may not realize that they have a chance to get their decision reversed. In fact, in some cases, employers have tried to have injured workers appealing their decisions on their own, without success. If an employee files his or her appeal, it might be possible for them to get the lower court’s decision reversed, perhaps by way of a motion to dismiss. The employer will not always have to go to court; sometimes, he can negotiate a consent agreement that he and the employee must follow.
It should be noted that workers don’t just appeal for compensation for their injuries. They can also appeal for a workers’ compensation claim against an employer, which can be much more difficult to deal with. If the employer simply offers workers a chance to settle for a lesser amount than what they deserve, then workers might hesitate to pursue that option. If workers decide to fight for their rights, then they should consult with an attorney experienced with worker’s compensation appeals. The attorney will help them to prepare the proper paperwork, as well as to negotiate a fair settlement that the employees will be satisfied with.
Workers should never be afraid to speak up when they believe that they have been wronged. They should take whatever steps they feel necessary to pursue the WCB appeals and should never be afraid to ask for assistance from an attorney if the employer refuses to cooperate.
