If your workers’ compensation claim was denied by your employer’s insurance company, it is important that you take action to have that decision reversed. In California, you can file an appeal of the claim denial by requesting a hearing before a Workers’ Compensation Appeals Board judge. The judge will use the hearing to listen to the arguments of both sides regarding your claim, and they will thereafter decide whether your employer’s insurance company should accept your claim. If your workers’ compensation claim was denied, be sure to contact an experienced California Workers’ Compensation Lawyer right away in order to preserve your rights to appeal.
San Bernardino & Riverside Workers’ Compensation Claim Denials Attorney
When a workers’ compensation insurance company denies your claim, it might be for a variety of reasons. Some companies will simply deny workers’ compensation claims thinking that a lot of injured employees will give up their claim instead of pursuing it. Others might decide to accept claims they consider valid, but they will deny the ones they think they shouldn’t have to cover. However, in some instances, there are valid reasons why your claim might be denied, including:
- You were not actually injured at the workplace or while you were performing your job duties;
- You were injured while performing work for a different employer;
- You were injured, but you do not require any time off from work due to your injury;
- Your injuries do not require medical care in order to recover.
Getting Your Workers’ Compensation Claim Approved
As mentioned above, if your claim is denied, you will have to request a hearing before the Workers’ Compensation Appeals Board. To request a hearing, you must first submit an Application for Adjudication of Claim. The application must be filed with the Division of Workers’ Compensation office in the county in which you live or were injured. After the application is filed, to get a hearing before a judge, you must also file a Declaration of Readiness to Proceed. At this point, your case will likely be scheduled for a hearing that is also known as a mandatory settlement conference.
At your hearing, the judge will listen to your case and that of the claims administrator. The judge will discuss your case and try to help you and the insurance company reach a settlement. If your case cannot be settled at this hearing, you will have to prepare and submit documents outlining the dispute and identifying the issues and witnesses that will be presented at a trial. If your case proceeds to trial, a different judge will preside over your case and will ultimately issue a written decision regarding your trial. You can expect this decision typically between thirty and ninety days after your trial. If you disagree with this ruling, you can file a Petition for Reconsideration of the judge’s findings.
Dedicated and Knowledgeable Workers’ Compensation Lawyer in the Inland Empire
If you’ve suffered a workplace injury or illness in the San Bernardino, Hemet, or Inland Empire but your workers’ compensation claim was denied for one reason or another, it is imperative that you consult with an experienced workers’ compensation lawyer at the Albert E. Hirst Law Offices right away. Appeals of workers’ compensation claim denials are complicated, and the process can be confusing. Albert E. Hirst, III, has assisted numerous clients with their workers’ compensation claims that were initially denied for various reasons and he can help you obtain the best possible results in your workers’ compensation case, too. Contact us online or call us today at (909) 885-7190 to schedule your free consultation and find out what we can do for you.