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You Can Appeal A Denied Workers' Comp Claim

In Georgia, denial of initial workers' compensation claims is common. It's also common for an employer to stop benefits prematurely — before you are really medically ready to return to work. This is not the end of the line. At Carter Law Office, we will help you appeal.

Located in Cumming, Georgia, we help injured workers' throughout Forsyth County appeal their denied workers' comp claims. Call our law firm at 770-744-4614 for a free consultation.

How Do I Appeal A Denied Claim?

The appeals process in Georgia is complex. There are a couple of stages of appeals you can go through.

The first stage involves requesting a hearing before the Georgia State Board of Workers' Compensation. This hearing is similar to a trial but is overseen by an administrative law judge (ALJ). Evidence will be submitted, testimony by doctors, friends and family can be hear and arguments will be made. At the end, the ALJ will rule on your workers' compensation case.

If the ALJ does not rule in your favor, you can appeal again to the appellate division of the Georgia State Board of Workers' Compensation. You must file this appeal within 20 days of the ALJ ruling. The state board is a three-member panel. They will review the record from your first appeal proceeding. You have the opportunity to file additional briefs or request oral arguments, but no new evidence can be submitted at this time.

If the board upholds the ALJ's decision, meaning it does not rule in your favor, you can appeal again to the Georgia Superior Court and onto the Georgia Court of Appeals.

Do I Need A Lawyer To Appeal?

You don't need an attorney to appeal your case, but it is a good idea to have one. The appeals process is complex, and involves legal rules of evidence and procedure. One misstep can have lasting consequences. For example, if you miss an important piece of evidence during the ALJ hearing, you won't be able to submit it later.

Attorney Randy Carter has more than two decades of workers' compensation experience. He has seen the techniques insurers use to try to deny benefits, and he knows how to frame your appeal in a way that makes it very obvious that you are entitled to workers' compensation.

For help appealing a denied workers' compensation claim, send us a message online. We take workers' comp cases on contingency — you don't pay us until we secure benefits for you.

Find Out How We Can Help

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