How Do I Find a Workers Compensation Appeals Board Law Firm?
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Appellate law firms usually get their clients by referral from trial law firms and they often advertise for appellate work in the State Bar Journal. Law firms specializing in Appeals, including appeals from Workers Compensation Hearings to the Workers Compensation Appeal Board, will be registered as such at local and state Bar information sites.
Did Claimant have a law firm for the hearing?
If the claimant won the case with the aid of a law firm, that same law firm will normally handle the employer’s appeal. There should be no costs to the claimant as the appealing party pays the filing fees and transcript costs. Attorney fees in Workers disability cases are regulated by statute.
If the claimant lost the case with the aid of a law firm and now seeks to appeal, the law firm that handled the hearing will usually handle the appeal , if an appeal is warranted. If the trial law firm does not believe the case is worth appealing, the claimant may wish to seek a second opinion. Although it is normal through the hearing stage for the claimant’s law firm to be advancing the costs and working on a contingency fee basis, it is also normal for the claimant to be responsible for the actual costs of an appeal.
When the claimant did not have a law firm for the hearing
If the claimant did not have a law firm for the hearing and is considering an appeal, the claimant should
- Seek an appellate attorney for advice and representation
- It is recommended that the claimant immediately order the transcript of the hearing as appellate law firms will generally want to review the transcript before giving an opinion as to the viability of an appeal.
Because there are very specific time periods for filing the various documents needed to perfect an appeal, it is recommended that the potential appellant act quickly. The ordering of the transcript will usually allow the claimant time to obtain a legal opinion.
Always Talk to a Lawyer First
Building a workers compensation case can be complicated, so it's always recommended that claimants get legal advice from an attorney before making any legal decisions.
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