Workers’ compensation can provide injured workers benefits to cover their medical treatments and a portion of their lost wages. It can be disheartening for injured workers to receive a letter stating their application is denied. Denied workers’ compensation benefits can severely impact families.
Injured workers may still be eligible for workers’ compensation even if they received a denial letter. The injured worker can file an appeal if they believe they were wrongly denied benefits. There are things you may need to know if you are planning on filing an appeal:
How long do you have to file an appeal?
Injured workers must act fast after receiving a denial letter. An appeal must be made within 20 days after receiving a denial. Once a court receives the appeal letter, a judge will review the evidence submitted and either deny or approve benefits. If the injured worker fails to make an appeal within a year, they are typically not given any extensions.
What will you need to prepare for an appeal?
Before gathering evidence for an appeal letter, it is important to understand why benefits were denied in the first place. Here are a few common reasons a claim may be denied:
- An injury was reported late.
- The worker did not seek medical treatment.
- A claim was not filled correctly.
The injured worker may need to gather evidence to support an appeal, such as medical records or an injury report.
How do you file an appeal?
In California, a petition for reconsideration is submitted to the Workers’ Compensation Appeal Board (WCAB) to review a workers’ comp denial. It can help to reach out for legal guidance to help ensure that the appeal is successful.