A workers’ compensation denial may be a setback in your work injury case, but it is not necessarily fatal to your claim. There are many reasons that workers’ compensation claims are denied, but you may appeal a denial by following California workers’ compensation guidelines for filings and deadlines.
At the Law Office of Joseph Kritzer, we know that appeals can be complicated and challenging, but an experienced attorney can improve your chances of succeeding in your claim. We represent injured employees who have been denied workers’ compensation, and we fight for their rights under California workers’ compensation law.
The Reason For Your Denial
To succeed in a workers’ compensation appeal, you need to understand why your claim was denied in the first place. Often it is because you did not provide enough evidence to show that you were injured, or because you did not show that your injuries were related to your job. Failing to file your claim in a timely manner or failing to notify your employer of your injury may also result in denied workers’ comp claims.
Refuting The Reasons For Denial
Although appealing a decision to deny your claim can be a challenge, employees can succeed on appeal when they present evidence and arguments showing why their claim should not have been denied. A workers’ compensation attorney will help you demonstrate why your appeal should be granted by gathering the necessary evidence and setting forth your arguments in a clear, concise, and persuasive manner.
Workers’ Comp Appeals Process
To begin your appeal, you must file an Application for Adjudication of Claim with your county Division of Workers’ Compensation office. After you receive confirmation of your submitted application, you will need to file a Declaration of Readiness to Proceed so your case can be set for a settlement hearing. At the settlement hearing, you will meet with a judge and the other side to try to settle your claim.
If the settlement is unsuccessful, your case will then proceed to trial. You will need to have your argument and evidence prepared and organized for trial. After you argue your case at trial, the judge will issue a decision. If your claim is again denied, you will have one last chance to reverse your claim denial by asking the court to reconsider its decision to deny your claim.
Denied Workers’ Comp Attorney
As mentioned above, when you are appealing a denied workers’ comp decision, you are facing a challenge. Your appeal can succeed, but at the Law Office of Joseph Kritzer, we know that your chances for success on appeal are much higher when you have an experienced workers’ compensation attorney working on your claim.
Your attorney will make sure that you file the appropriate paperwork and that you are fully prepared for your hearings and trials. Your attorney will also represent you in court to present your case and evidence to the judge. Recovering compensation for your workers’ comp injury is too meaningful to attempt to handle on your own.