What Can I Do if I Was Denied Workers’ Compensation?

 Posted on April 25, 2024 in Denied Claims and Appeals

Workers who get injured during a work-related accident are generally entitled to workers’ compensation, which is intended to cover the costs related to the accident: hospital bills, medication and treatment, and income loss due to time spent away from work or an inability to resume your job. Sometimes, a workers’ compensation claim is denied for various reasons. Fortunately, there are still options for you if this happens. This article will provide some information about some of the steps you can take to appeal the denial. If this has happened to you, speak with an experienced Morgan Hill, CA workers’ compensation attorney who can guide you through the appeal process and seek maximum compensation.

How Does an Appeal Work?

When an employer’s insurance company denies an initial workers’ comp claim, that does not have to be the final word. California law provides several steps for appealing a denial.

• Request reconsideration: If you think you might have new evidence to support your claims, you can ask the insurance company to reconsider.
• Hearing: If reconsideration did not go the way you were hoping, you can request a hearing by the Workers’ Compensation Appeals Board (WCAB) for a hearing. The board will review your file and all the evidence and issue a binding decision. If you do not agree with this decision, you can submit another request for the WCAB to reconsider, although there are only limited circumstances under which this happens.
• Appeal: If everything else fails, you can go to the California Courts of Appeal and possibly even the Supreme Court to appeal the WCAB ruling.

Tips to Help Your Appeal

• Deadlines are important: There are strict deadlines for filing every appeal stage. You must file on time. Otherwise, it could ruin your case.
• Submit all medical records: These provide solid evidence of your claims and can help your case.
• Make sure the facts you present are consistent: If you change your story or there are conflicting reports about what happened, this can hurt your case. Make sure the story you present remains consistent throughout the entire appeals process.
• Hire reliable legal representation: A lawyer who has experience with workers’ comp cases and denial appeals can make all the difference in getting you the compensation you need even after your claim is denied.

Schedule a Free Consultation with a Gilroy, CA Workers’ Comp Attorney

Getting injured at work can be a complicated challenge to deal with. If your workers’ comp claims are denied, you might feel overwhelmed at the prospect of needing to cover all your accident-related costs on your own. Do not give up. A skilled Santa Clara County, CA workers’ comp lawyer can help you appeal the denial. Call Cramer + Martinez at 408-848-1113 to schedule a free consultation.