The Workers' Compensation Appeals Process

While workers’ compensation benefits are typically covered by an employer’s workers’ compensation insurance and is often required in most states, this does not mean your claim cannot be denied. However, even if this happened to you, you still have a shot at receiving these vital benefits by going through the appeals process. Trying to navigate this complex area of law on your own might lead to disappointing results once more, but with the assistance of a skilled workers’ compensation attorney, you might be able to turn things around in your favor.

That said, it is important to note that there are some valid reasons for why a claim might have been denied. If you missed the deadline for reporting your injury, did not file your claim on time, or you never received medical treatment for it, even an appeal might not produce different results. Consult with an attorney to find out if you have a viable case.

Appealing Your Denial

Once you fully understand why your claim was denied and your attorney has advised you that it would be wise to move forward and appeal the decision, you can get started on filing your appeal. This must be done within 30 days of having received your denial letter, so make note of this date upon first receiving your letter. Prior to sending it out, you might also want to meet with your employer or their insurance carrier to assess if it is possible for the dispute to be resolved.

If a resolution cannot be reached, you and your attorney will ultimately have to prepare for a hearing before an administrative law judge, which will either be done through the labor department or the state workers’ compensation board. Make sure you bring any pertinent documents, such as medical records that might address the reasons asserted for the denial. The documents you will need to bring will greatly depend on the reason for the denial since you will have to provide support as to why the denial was unwarranted.

Workers’ Compensation Attorney in Santa Ana

If you were injured on the job and your claim was later denied, it is critical that you hire an experienced workers’ compensation attorney as soon as possible to handle your appeal. At Ufkes & Bright, our Santa Ana team of workers’ compensation attorneys have the insight and knowledge necessary to effectively handle such cases and will fight on your behalf to ensure you receive your benefits. Contact us today!

Call our office at (714) 909-2609 to schedule your free case review with an experienced member of our legal team.

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