Protect Your Workers’ Compensation Claim With The Help Of Our Appellate Attorneys
Michigan’s Workers’ Compensation System was intended to help injured workers access much-needed financial support in a timely fashion and without the need to take legal action. By agreeing to provide benefits, employers were shielded from litigation and liability. It was supposed to be a mutually beneficial agreement. Unfortunately, as the system currently operates, employers and insurers have a lot of power and workers often find that they cannot access benefits on their own. Their claims are unfairly denied.
Thankfully, help is available. At Bahrie Law, PLLC, our attorneys have been advocating aggressively on behalf of injured workers for more than 40 years. We can assist you throughout the process, from filing your initial claim through all available levels of appeal.
An Overview Of The Workers’ Compensation Claims Appellate Process
It is common for employers to dispute a claim or for the insurance company to deny benefits. Their reasons for doing so often seem arbitrary or insignificant, but it is important to remember that they may be more concerned with their own financial interests than with your well-being. The good news is that a disputed or rejected claim isn’t the final word on the matter. You can appeal.
The appeals process typically begins when the injured worker files an Application for Mediation or Hearing form. From there, disputes can be resolved through mediation, arbitration, or via a hearing or trial before a magistrate (also known as an administrative law judge).
If your case cannot be resolved through mediation or arbitration, there will likely be a pretrial hearing followed by a workers’ compensation trial. Workers’ compensation hearings and trials are held before magistrates without juries. After both sides present supporting evidence, the magistrate will decide on the case. If you disagree with the magistrate’s decision, you can file an appeal with the Workers’ Compensation Appellate Commission.
Don’t Appeal Alone – Here’s Why You Need An Experienced Attorney On Your Side
As stated above, the worker’s compensation claims process can be overly complicated and bureaucratic, and that is often by design. Insurers have entire legal teams dedicated to protecting their financial interests. You need an experienced legal advocate to protect your rights and interests as well.
Here are just some of the many things that our attorneys can do for you that would be difficult to accomplish on your own:
- Parse the details of your denial letter to assess why your claim was denied and what changes or additional information could allow you to get approved on appeal
- Examine your case and advise you on the most effective method of dispute resolution (mediation, arbitration or hearing) based on the details of the claim and the reasons for denial
- Conduct thorough medical depositions to gather supporting evidence and secure relevant testimony from medical professionals
- Challenge and correct calculation mistakes made by insurance companies regarding preinjury wages and benefits, mistakes which could unfairly and significantly reduce your workers’ comp benefits
- Prepare your case for presentation to an administrative law judge and/or the Workers’ Compensation Appellate Commission, both of which will require that proper procedures are followed at all times
As you can see, the demands of the appellate process can be overwhelming, especially when you are also trying to recover from a workplace injury. Workers who consult an experienced attorney often find the process much less stressful and experience better outcomes than those who try to appeal on their own.
Talk To Us About Your Legal Options In An Initial Consultation
Bahrie Law, PLLC, has offices in Lansing as well as Metro Detroit, and we serve injured workers across Michigan. To schedule your initial consultation, give us a call at 888-473-1289 or submit an online contact form.