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California Workers' Comp Claims Denied?
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Have you recently been denied your workers' comp claim in California?
Goldberg & Loren can help you fight for the benefits you deserve. With our expertise in workers’ comp claims and extensive knowledge of California laws, we have a proven track record of success in helping individuals like you get the compensation they are entitled to.
Don’t let your denied workers’ comp claim leave you struggling financially and without the support you need. With us on your side, you can have peace of mind knowing that experienced professionals are fighting for your rights and working tirelessly to secure the benefits you deserve.
Contact Goldberg & Loren today and schedule a consultation to discuss your denied workers’ comp claim. Together, we can work towards getting you the compensation and support you need to move forward. Don’t wait another day; take action now!
Qualifying for Workers' Comp Benefits
Your injury or illness must have occurred while you were performing job-related duties to qualify for workers comp. This means that the injury must have taken place during working hours or while you were carrying out job responsibilities.
You must be classified as an employee, not an independent contractor or volunteer.
Failure to report an injury within a certain timeframe can result in the denial of the claim. It is important to provide precise details about the incident, including the date, time, location, and circumstances surrounding the injury.
California law requires that employers, including those in the construction industry, carry workers’ compensation insurance, even if they have only one employee. Insurance exists for employees who get hurt or sick because of work. [1]
Reasons for Denial of Workers' Compensation Claim
Some reasons why your claim may be denied:
- Lack of timely reporting
- Disputes over the cause of the injury
- Pre-existing condition
- Insufficient medical evidence
- Missed deadlines
- Employer disputes claim
- You were off the clock
If any of these events occur, anticipate your claim being denied. Depending on the circumstances, an experienced California workers’ comp attorney may or may not be able to help you.
Addressing the Objections
If your employer disputes your workers’ compensation claim, gather evidence to support your case. This can include employment records, witness statements, surveillance footage, or any other documentation that proves your injuries occurred at work.
Our experienced workers’ compensation attorneys will guide you in collecting the necessary evidence and presenting a strong argument to counter your employer’s objections.
The process of overturning a denied workers’ compensation claim can be complex; seeking assistance from our experienced personal injury attorneys specializing in workers’ comp can increase your chances of success.
Submit an Appeal
Before proceeding with the appeal process, consult with our experienced workers’ compensation attorneys. We will provide guidance on the appeals process, assess the strength of your case, and help you navigate the complex legal requirements.
Each state has specific deadlines for filing an appeal. Failing to file within the specified timeframe may result in the denial being upheld. Your attorney at Goldberg & Loren will help ensure you meet all necessary deadlines.
Your attorney will assist you in completing the required appeal forms. These forms typically include an Application for Adjudication of Claim and an appeal letter that addresses the denial reasons and presents your arguments and supporting evidence.
Consider Hiring an Attorney
If you’ve had your workers’ compensation claim denied, you may be feeling frustrated and unsure about what to do next. One of the best steps you can take is to hire our experienced workers’ compensation attorney in California to assist you in the appeals process.
Our attorneys will do the following:
- Guide you through, ensuring that all necessary steps are taken, and deadlines are met
- Review the denial letter and examine the reasons for the denial
- Determine if you have a strong chance of success in appealing the denial
- Ensure that your appeal is properly prepared and submitted
Contact us today for a free consultation.
Source:
[1] California, S. O. (n.d.). Workers’ Compensation Requirements. Workers’ Compensation Requirements. https://www.cslb.ca.gov/contractors/maintain_license/workers_compensation.aspx
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