Assisting Clients Across California Since 1993

What should you do if your workers’ compensation claim is denied?

A serious workplace injury can be devastating in more ways than one. In addition to the physical pain and impairments you may be facing, you may also not be able to return to work right away. Sadly, some workplace accident victims find that they are no longer able to do the jobs they used to do before their accidents.

Filing a claim for worker’s compensation is a solid option for many California employees who have temporary or permanent partial or full disabilities. A claims administrator will review your claim and decide whether you qualify for workers’ comp benefits.

What is involved in the appeals process?

Many workers’ comp claims are denied initially but are later approved. That is why it is important that you take action as soon as possible after receiving your denial letter. Your attorney can help you through each step of the appeal process. The process generally works as follows:

  • First, you must request your appeal within 30 days of receiving your letter.
  • Next, you must figure out what information the administrator needs to approve your claim. This could mean providing additional medical documentation or agreeing to get an evaluation from a qualified medical evaluator or agreed medical evaluator.
  • Finally, you will request a hearing. At the hearing, a judge may attempt to get you to settle the case. However, if this is not possible, the judge will make the final decision after reviewing all submitted documents and evidence.

Many workers worry that a workers’ compensation claim denial is the end of the road. However, this is not the case. An attorney specializing in this area can help you file an appeal to give you another chance to recover the benefits you deserve.