When you file a workers’ compensation claim, there is much legality involved. The laws vary from one state to the next, but you are entitled to certain things. If your claim is denied, the appeals process is available to help you fight back when you feel that you were unjustly refused the benefits that you deserve. Having a workers’ comp attorney in Richmond on your side can help you through the process.
The Legal Appeals Process
The appeals process in Virginia is quite simple. You must file within 30 days of the Review Opinion. This can be done by mail or in person, and it includes a $35 fee unless you file a Motion to Waive the Appeal Bond. Copies of the appeal must be sent to every party involved. Claimants must also file with the Court of Appeals, which includes a $50 filing fee. This may be waived due to financial hardship if a request is submitted in writing.
Claimants are also responsible for a $500 Appeal Bond, which must be paid with your Notice of Appeal filing in the Court of Appeals. Again, if you cannot pay this security bond due to indigence or disability, there is a Motion to Waive. Otherwise, the payment must be made in the form of a cashier’s check or a surety bond from an insurance provider that is licensed within the state of Virginia.
Claimants will also need to file a brief, which has a specific due date that the Court of Appeals will notify you about in writing. You can contact the Court directly for an extension on this filing if you don’t have sufficient time to file this brief. Finally, a failure to follow these procedures can result in dismissal of an appeal.
The Value of a Workers’ Comp Attorney in Richmond
Because of the legalities involved in the appeals process, it is important that you know exactly what you are doing. Having a Richmond workers’ compensation lawyer on your side can help through this process. A lawyer knows the process and understands what it takes to get an appeal filed properly. This may also increase the likelihood that your appeal is not only filed but also ruled in your favor.
Workers’ compensation is supposed to be there to protect you when something goes wrong. However, because of all of the technicalities and legalities involved, it can be hard to get the outcome that you deserve the first time around. If you feel that your claim has been denied unjustly, you can file an appeal in the state of Virginia for a second chance to get the compensation and justice that you deserve. Make sure that you have a workers’ comp attorney in Richmond to help you through the process, so that it is easier and you have a better chance at success.
Workers’ Comp Works Hard to Avoid Fraud
Most of the legalities in your workers’ compensation claim are a result of people filing fraudulent claims or trying to get more than they’re entitled to with a claim for workers’ compensation. Because of this, it can be easy for claimants to feel like the guilty party when, in reality, they are the victim. Call a workers’ comp attorney in Richmond to help you over the hurdles of your workers’ compensation claim so that you can get the best outcome.
At Injured Workers’ Law Firm, we know what it takes to help you get the most from your workers’ compensation claims. Let us help you file your appeal when you have a claim denied because you deserve compensation for your work-related injuries. You can learn more about workers’ compensation and get your FREE Workers’ Compensation Guide today from the Injured Workers’ Law Firm. Call today at 877-755-7744 to discuss your case.