What Is the next Step for an Employee Who Loses Arbitration in a Workers' Compensation Case?

A number of states offer arbitration as a way of resolving disagreements on workers’ compensation benefits. It is a type of optional dispute resolution or an out-of-court method of finding solutions to disputes. Mediation and arbitration are offered by a number of states in resolving disagreements associated with workers’ compensation.

It will be necessary for the parties involved to willingly opt to go through arbitration, and an independent arbitrator should be selected. The parties involved are not required to follow the results of arbitration when it comes to workers’ compensation. More often than not, the employer will get a favorable decision from the arbitrator. Due to this, employees generally have the option to file an appeal through the court system of the state or a different administrative authority.

How Is Arbitration Defined?

Arbitration is an official procedure where the parties involved provide their evidence and claims to the arbitrator. There are instances when a group of arbitrators acts as the judge in the proceedings. However, only one arbitrator handles workers’ compensation cases. After the evidence is presented, a decision is made by the arbitrator. A number of states do not consider the decision of an arbitrator as final, and the parties involved are not obliged to follow it.

Some state laws on workers' compensation make it is necessary to undergo any type of alternative dispute resolution, like arbitration. Arbitration is also allowed by some states if this is requested by the parties involved.

How Does Losing Arbitration Affect The Workers’ Compensation Case Of An Employee?

There are some states that consider the decision of an arbitrator in workers’ compensation cases to be final and not subject to appeal. However, it may be possible for an employee to belong to a state where the decision of an arbitrator in workers’ compensation cases is not final. This means the employee has the opportunity to make an appeal on the decision of the arbitrator or elevate the case to a court proceeding.

The state where the workers’ compensation case is heard will determine how the case will proceed when an appeal is made on the decision of an arbitrator. In a number of states, the state agency tasked in managing workers’ compensation benefits has an appellate body that handles appeals to arbitration. On the other hand, the appeal will be handled by the state courts in some states.

Things to Take Into Account When Deciding To Make An Appeal

The workers’ compensation case will be elevated into a court case when the decision of an arbitrator is appealed. At this point, if they haven't already done so, it would be a good idea for employees to seek advice from a lawyer to find out whether there are any chances of succeeding if the decision of the arbitrator is appealed. Employees should also take into account the financial and emotional effects when the case is brought to the court.

Since there are deadlines to consider when it comes to making an appeal on the decision of an arbitrator, it would be beneficial to ask for advice from a workers’ compensation attorney as soon as possible. This should be done to avoid losing the right of the employee in making an appeal on the decision of the arbitrator.

A knowledgeable an experienced workers' compensation attorney at the Law Office of James M. Hoffmann would be happy to discuss your case with you. Call us today at (314) 361-4300 for a free consultation.