Workplace injuries can be remarkably disruptive to anyone’s life. If you’re injured on the job, you’ll have to deal with a whole range of problems: for starters, you probably won’t be able to go to work for a while, which means that you won’t get paid; besides, you’ll have to cope with the medical bills incurred by the injury, not to mention all the pain and suffering that may follow from a major injury. Fortunately, workers’ compensation benefits can help you get through this difficult situation. However, have you ever wondered what will happen if your workers’ compensation claim is denied?
This can be frustrating and distressing. Imagine working for a company for years, doing your best at all times, and when you believe you were injured on the job, your workers’ compensation claim is denied.
What will happen to you now? Will you have to deal with the aftermath of the injury from your own pocket?
Luckily for you, you may still be able to get the compensation you so desperately need. To accomplish this, you can appeal the decision to deny your claim before a workers’ compensation court.
To do this, you will need to find a workers compensation law firms in Los Angeles. This law firm has years of experience protecting the rights of hundreds of workers in the Los Angeles area, and they have the expertise and knowledge to help you get the benefits you deserve. Call them for a free consultation if you want to know how they can help you.
Why was my claim denied?
Before anything else, you should understand why your claim was denied in the first place. Both employers and insurance companies will look for any possible excuse to deny your claim. Some of the most common reasons are the following:
· Missed Deadlines: To receive workers’ compensation benefits, you must report your injury as soon as possible. In California, you are required to duly notify your employer of your injury within 30 days after the incident.
· Your injury isn’t work-related: If you have a preexisting condition on the same body part you were injured at work, the insurance company may deny your claim on the grounds that your injury is not work-related.
· You were drunk or high at work: Some insurance companies frequently use this excuse to deny claims. Even if you only had one beer at lunch, they will try to argue that you were intoxicated at the time of the accident.
· “Your injury isn’t that bad!”: The insurance company may accept that you were injured at work but argue that your injury is not as serious as you say it is, and therefore does not warrant compensation.
How can I appeal a denied claim?
To appeal a denied workers’ compensation claim, you must follow these steps:
1. Contact an attorney: Appealing a denied claim can be quite complicated. That’s why you should work with an attorney you can trust to help you navigate through the process.
The C&B Law Group team has a lot of experience dealing with cases similar to yours. Working with them can increase your chances of getting a favorable verdict on your appeal. Feel free to contact them for a free consultation.
2. File an Appeal: With the help of your attorney, you can file a claim with the Workers’ Compensation Appeals Board (WCAB). The appeals board will then decide whether or not to proceed with your complaint.
3. Negotiate: Your attorney will try to negotiate again with the insurance company. The negotiation may take place in the presence of a conciliator or a judge.
4. Go to a hearing: If the negotiation is unsuccessful, the appeal will go to a hearing. This is very similar to a trial, both parties will present their case and the review board will evaluate the facts.
5. Get compensated: If the review board concludes that your claim was unfairly denied, they can force the insurance company to provide the workers’ compensation benefits you need to regain control of your life.
Visit Legal Facts
The workers’ compensation process, as is often the case with most legal issues, is more difficult to understand than it seems. However, that doesn’t mean you have to spend hours of your time reading hundreds of books to fully comprehend it. At Legal Facts, you can learn about this and any other legal issue that interests you in a matter of minutes. Thanks to a wide range of easy-to-read legal articles, which combine the knowledge of hundreds of experienced lawyers, the law has never been so simple.
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