How Long is the Appeal Process for a Work Injury Accident?
San Antonio has a growing economy with many new jobs opportunities for its citizens. However, with any job, there is a risk of injury while working. Getting injured at work can be devastating not only to an individual but also to that individual’s family. In some cases, workers’ compensation is able to help.
Unfortunately, some injured employees making a claim will find that their workers’ compensation claims are denied. With the help of a San Antonio work injury accident attorney, you can appeal the denial. It may be off-putting to learn how long the appeal process is for a work injury accident, but that shouldn’t stop you. These claims can be time-consuming, but ultimately worth it in terms of recovered income.How Long is the Appeals Process for a Work Injury Accident?
According to the Texas Workers’ Compensation Program, you have fifteen days (not including holidays and weekends) after the hearing committee submits a denial to appeal. Fifteen days is just over two weeks. This is a fairly short period of time, especially for someone who has a family and other obligations.
A work injury accident attorney is vital when dealing with strict deadlines. Their priority is making sure your claim is filed on time and with all the evidence it needs to be approved so that you can spend time with your family.
Because late appeals will not be considered by the Appeals Panel, it is important that you meet all deadlines. A qualified lawyer will help keep you on track by submitting paperwork and evidence for you, as well as dealing with any disputes that may arise on your behalf. This means less time for you spent on long phone calls and filling out forms.
In many cases, an appeal requires a written statement instead of a hearing. In the written statement, you must fully explain your position and why it is important that your claim be approved. You must also outline what exactly you are appealing about the initial decision in your statement. You must include factual and legal reasons for your appeal. Writing this statement can be overwhelming, especially if you are not familiar with the requirements. San Antonio workers’ compensation lawyers from Carabin Shaw are able to help you craft this statement and make sure it is submitted within the fifteen-day deadline.
Fifteen days is just the beginning. The whole process can take even longer. Once submitted, the Appeals Committee has thirty days to respond to your statement. When added together, how long the appeal process for a work injury accident takes is the fifteen days you have to submit the appeal plus the thirty days the judge has to produce a decision. This means it can take up to 45 days. Sometimes, the Appeals Committee can take up to 45 days on their decision alone, meaning a total of 60 days spent on the appeal process.
45 to 60 days is a month and a half to two months. That is a lot of time spent worrying, filling out forms, gathering evidence, and waiting on top of the stress from being injured and unable to work. An attorney can alleviate some of that stress by taking care of the paperwork and phone calls.
Stress can make the time pass slowly, so 45 days of potential worry goes by much faster when you have help from an attorney that specializes with injury claims appeals. With extra time you will be able to focus your attentions on other, more important issues, like healing from your injury and spending time with your loved ones.
If you’re located in San Antonio and want help with your workers’ compensation case, contact the work injury accident lawyers at Carabin Shaw by calling our San Antonio office at 210.222.2288 or toll-free at 1.800.862.1260.