Is there any way to appeal a workers' compensation decision?
Yes, it is possible to appeal a workers’ compensation decision in Washington State. First, you must file a document called a “Notice of Appeal” to the Washington Department of Labor & Industries (L&I). This document must be filed within 60 days of the date of the order you are appealing. You will also need to include the date of the order, the name of the person or business involved, and the reason for the appeal. Once your Notice of Appeal is filed, a hearing will be scheduled before an Administrative Law Judge (ALJ) with the Office of Administrative Hearings (OAH). At the hearing, both sides will have the opportunity to present legal arguments and evidence. As the appellant, you will have to prove that the original decision was wrong in some way. After the hearing, the ALJ will issue a decision which both parties can appeal to the Board of Industrial Insurance Appeals (BIIA). If your case is appealed to the BIIA, the Board will review all of the evidence presented at the OAH hearing and make a final decision. If you are unhappy with the BIIA’s decision, you have a limited amount of time to file an appeal in the Washington Court of Appeals or the Washington Supreme Court. It is important to note that the appeal process can be complicated and requires the assistance of an experienced workers’ compensation attorney. Additionally, most appeals involve filing deadlines and other legal requirements that must be met, so it is best to contact an attorney as soon as possible if you are considering appealing a workers’ compensation decision.
Related FAQs
How long do workers' compensation benefits last?Can I be fired or demoted for filing a workers' compensation claim?
Are workers' compensation benefits taxable in my state?
What is an occupational disease disability award?
What are the benefits of using an attorney to help with my workers' compensation claim?
What if my employer denies my workers' compensation claim?
What can I do if my employer retaliates against me for filing a workers' compensation claim?
What if my employer does not have workers' compensation insurance?
What types of benefits are available under workers' compensation?
How is a workers' compensation claim reviewed?
Related Blog Posts
Understanding the Basics of Workers Compensation Law - July 31, 2023What to Know About Filing a Workers Compensation Claim - August 7, 2023
Exploring the Benefits of Workers Compensation Insurance - August 14, 2023
Knowing When to Seek Legal Advice for Workers Compensation Issues - August 21, 2023
The Dangers of Not Obtaining Workers Compensation Coverage - August 28, 2023