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Workers’ Compensation Appeals

Experienced Birmingham Lawyers Facilitate Workers’ Compensation Appeals

Determined representation leading to positive results for employees

If you’ve been seriously injured on the job, the last thing you need or expect is for the insurance company to deny your claim. Fortunately, if your claim is denied, or the insurance company refuses to pay for reasonable and necessary treatment, you have the right to appeal. However, the process in Alabama is more complex than that in other states, so you should not try to manage your appeal on your own. Since 1998, Powell & Denny, P.C. has helped injured workers throughout Alabama get the most from their workers’ compensation benefits. With more than 50 years of combined experience, our attorneys can guide your case through the appeals process to positive results.

Alabama workers’ compensation appeals process

There are many reasons why an insurance company might deny a workers’ compensation claim. Often the insurer maintains the injury is not work related, the worker doesn’t qualify for coverage, or the treatment is neither reasonable nor necessary. Depending on the nature of the dispute, appeals follow one of two tracks:

  • Alabama Department of Industrial Relations (DIR) — If your dispute concerns medical treatment only, the law provides for mandatory mediation under the DIR Ombudsman Program. So, if an insurer denies a course of treatment your physician recommends, you can file a claim and an ombudsman will hear your case. In a conference, the ombudsman receives evidence and then renders a binding decision.
  • Lawsuit in state court — All other disputes must go to state court. So, if the issue is whether you qualify for coverage, or if your injury was work related, you must file suit against the insurance company. That means filing a complaint, which must contain enough in the way of alleged facts to convince a judge that you would have a case if your facts are true. Otherwise, the court could dismiss your case without even hearing it. Once the insurance company files its answer, you have the right to perform discovery, the part of the process where you demand documents and answers to your questions. But, without experience in workers’ comp appeals, it’s impossible to know what to demand or ask. Finally, you’ll have to present evidence and call witnesses in court according to the rules of the court.

No matter which track your case takes, the process is complex and requires specific knowledge and experience to navigate successfully. Insurance companies are represented by experienced lawyers determined to limit any payouts. Having a seasoned workers’ comp attorney represent you significantly improves your prospects of a favorable result.

Contact our Birmingham lawyers for your workers’ compensation appeal

Losing a workers’ compensation appeal can force you and your family into severe financial hardship. Powell & Denny, P.C. helps clients throughout Alabama advance their claims through the complex appeals process. For attentive and responsive service, call 800-227-0882 or contact us online to schedule a free consultation. Our Birmingham office is at 1320 Alford Avenue, just off I-65, and we also meet clients in our Huntsville office at 600 Boulevard South.

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Our Office
  • Birmingham Office
    1320 Alford Avenue
    Suite 201
    Birmingham, Alabama 35226
    Phone: 205-978-2051
    Fax: 205-978-2054
  • Huntsville Office
    600 Boulevard South
    SW Suite 104
    Huntsville, Alabama 35802
    Phone: 256-705-3510
    Fax: 256-705-3513

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