What is an Appeal?
An Appeal is, “The complaint to a superior court of an injustice done or error committed by an inferior one, whose judgment or decision the court above is called upon to correct or reverse.” (Black’s Law Dictionary 124. 4th Ed. Rev. 1968)
The appeal process involves a losing party requesting a higher court to reconsider a ruling or decision made at trial. Most appeals take place in an appellate court. The party making an appeal is known as the appellant, while the original winning party is known as the appellee or respondent. Common errors that can be considered proper grounds for appeal may include legal application errors by a sitting judge, procedural errors conducted by attorneys, or evidence issues such as improper evidence being allowed in court or important evidence being wrongfully excluded from court. After arguments from both the appellant and appellee as to why a court’s decision is either proper or not, the appellant court will decide to affirm, reverse, or remand that decision. When a decision is remanded, that particular case is sent back to a lower court for a new trial or other proceedings.
An appeal can only be made after a final judgment is made. A case can not be appealed when it is ongoing or if facts of the case are in dispute. Rulings in cases such as Bowersock v. Missouri Valley Drainage Dist. of Holt County clarify that appeals are continuations of existing lawsuits, not lawsuits themselves. While appeals may lengthen the legal process, they are seen as vital parts of the justice system. They exist to insure that errors or issues don’t result in the wrong rulings.
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Questions to Ask Your Workers’ Comp Lawyer
Know What to Ask an Experienced Workers’ Comp Lawyer
A workplace accident may mean prolonged medical treatment, physical therapy and rehabilitation, and time off work. Workers’ compensation benefits exist to cover these expenses, but obtaining your benefits isn’t always easy. A workers’ compensation lawyer can help you recover the benefits you are owed.
In Pennsylvania, most employees are covered under workers’ comp for medical costs and lost wages caused by a work-related injury or death. Under Pennsylvania’s workers’ compensation law, injured workers have a right to file a workers’ compensation claim if they have been injured while carrying out their work-related tasks either on-site or off-site. How long these benefits last depends on the severity of your injury and the possibility of long-term disability.
Unfortunately, employers and insurance companies often deny workers’ comp claims, even when they are valid. That’s where a workers’ comp lawyer can help. […]
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When To Hire a Workers’ Compensation Lawyer in Pennsylvania – The Complete Decision Guide
If you’re reading this, you’re probably worried about your workers’ compensation claim and wondering whether you need to hire a lawyer. This is one of the most important decisions you’ll make after a workplace injury, and it’s completely normal to feel uncertain about it. The reality is that the decision to hire a workers’ compensation lawyer often determines whether you recover thousands of dollars or struggle with denied claims and inadequate benefits.
Most Pennsylvania workers face this same dilemma after a workplace injury. You’re dealing with physical pain, mounting medical bills, lost wages, and a complex legal system that seems designed to confuse rather than help. The good news is that you don’t have to navigate this decision alone. Pennsylvania workers who hire qualified workers’ compensation attorneys recover an average of $47,000 more than those who handle their claims without legal representation.
At Munley Law, […]
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Workers’ Compensation Back Injury Claim
If you’ve suffered a back injury at work, hire an experienced workers’ comp attorney
A work-related back injury can have long-lasting affects, ranging from a few missed shifts to short-term or permanent disability. Pushing yourself to keep working despite a back injury can lead to a prolonged recovery process or permanent damage.
At Munley Law Personal Injury Attorneys, our Pennsylvania workers’ compensation lawyers can help you navigate the process of filing or appealing your claim so that you receive the compensation you need to recover from your back injury. Where full recovery isn’t possible, we will fight to recover the compensation you deserve to account for your new reality.
Common Workers’ Compensation Back Injury Claims
Filing a workers’ compensation claim for a back injury isn’t limited by your field or profession—anyone can sustain a back injury at work, […]
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Workers’ Compensation for Neck and Back Injuries
Workers’ Compensation for Neck and Back Injuries in Pennsylvania
Injuries to your neck and spine can be serious, and if they happened during an accident at work, the workers’ comp lawyers at Munley Law Personal Injury Attorneys can help you get what you deserve.
According to the Pennsylvania Department of Labor and Industry, neck and back injuries made up 14% of workplace injuries in the state in 2019. That’s 24,057 incidents of neck or back injuries while on the job. Even more than the numbers, injuries to the neck and back can involve the spinal cord, making the consequences severe. Serious injuries can happen in a variety of workforces. However, statistics show the construction industry is particularly hard hit when it comes to neck and back injuries.
Workers’ comp cases can be difficult to navigate, particularly for serious occurrences that cause neck and back injuries. […]
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Workers’ Compensation Denial & Appeals
Workers’ Compensation Denial & What You Can Do
If you have received a denial letter for your workers’ compensation claim, it could be for several different reasons. Your employer may deny responsibility for your injury, the insurance company may suspect you have a pre-existing condition, or it may be a simple error with your paperwork. Whatever the reason, if you have been injured at work, you may be able to appeal the denial.
It’s not uncommon for workers’ compensation claims to be denied. This is where a workers’ comp lawyer can help. You are entitled to workers’ compensation benefits when your work duties result in an injury or illness, or aggravate a previous ailment. Benefits include medical bills and lost wages. Contact a work injury lawyer at Munley Law Personal Injury Attorneys for help appealing your denied claim.
