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.
More information about Appeal
Hazleton Warehouse Workers’ Compensation Lawyer
Getting hurt at work is always a possibility, but of course, it’s far more likely at some jobs than others. Unfortunately, warehouse workers are at a high risk of sustaining an injury on the job. With so much equipment and heavy machinery in use at a single location, the odds of an accident inevitably rise. And advances in technology are not necessarily making things safer; in fact, Amazon warehouses in particular boast higher injury rates than most other warehouses of their kind. In 2020, Amazon warehouses in Pennsylvania reported 7.2 serious incidents for every 200,000 hours worked (a length of time that equates to 100 employees working full time for a year). This is nearly double the rate of other companies in the same state.
With all the dangers present in a warehouse, it’s crucial that employees understand their rights to workers compensation. This is especially true for residents of Hazelton, […]
Read MoreMore information about Appeal
Does Workers’ Compensation Cover Pre-Existing Conditions?
Does Workers’ Compensation Cover Pre-Existing Conditions?
In general, if you have a pre-existing condition, workers’ compensation will not cover those ailments. However, in some cases where a workplace injury aggravates a pre-existing condition, an employee may be able to receive workers’ compensation benefits. These claims can often be met with resistance.
If you’re wondering, “Does Workers’ Compensation Cover Pre-Existing Conditions?” we can help. Learn more about what you need to know about pre-existing conditions and workers’ compensation benefits.
Pre-Existing Conditions and Workplace Injuries
If you are injured in a workplace accident and have a pre-existing condition, you must make note of that condition at the time of your workers’ compensation claim. While the pre-existing condition will not give you more money in a pay out, it helps protect you from being denied compensation should the employer later find out. […]
More information about Appeal
Do I Have to Go Back to Work After My Workers Compensation Ends?
Returning to Work After Workplace Injury
If you’re currently receiving workers compensation benefits after an injury on the job, you could be wondering: “Do I have to go back to work after my workers compensation ends?” You must only return to work after a medical professional has evaluated you and confirmed you are recovered from your injury.
Your employer and your employer’s insurance company have a financial interest in seeing you return to work sooner. However, you should only return to work once you have recovered fully from your work related injury.
If you are feeling pressured to return too soon, or want to understand if you have a workers compensation claim to begin with, contact Munley Law Personal Injury Attorneys today for a free consultation. An experienced workers’ compensation attorney can help guide you through the workers’ […]
Read MoreMore information about Appeal
Pros & Cons of Hiring a Workers’ Comp Lawyer
Benefits of Hiring a Workers’ Compensation Lawyer
Getting hurt on the job can lead to expensive medical treatment, lengthy physical therapy, costly rehabilitation, and time away from work. Workplace injuries can be serious, and even result in death. According to the Bureau of Labor Statistics, 2.7 million workplace injuries and illnesses occurred in 2020.
Workers’ compensation benefits exist to cover injured workers’ medical expenses and lost wages suffered. These benefits also compensate families of workers who are killed on the job. A Wilkes-Barre workers’ comp lawyer can help you recover the compensation you deserve.
But do you need a workers’ compensation lawyer to handle your claim? The answer is almost always yes. If you have been injured at work, Munley Law Personal Injury Attorneys’s workers’ comp lawyers can help you understand your rights. Call us at 844-303-7321 or email us to schedule your free initial consultation. […]
Read MoreMore information about Appeal
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. […]
Read More
