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Appealing a Workers' Compensation Claim


Being injured on the job is a terrible experience that can worsen if your workers’ compensation claim is denied. However, there you can still potentially obtain these important benefits if you appeal your claim and hire an experienced workers’ compensation attorney to represent your case and walk you through the process, step by step.

What Caused Your Workers’ Compensation Claim to be Denied?

There are numerous reasons why a workers’ compensation can potentially be denied. Understanding the reasoning behind your claim’s denial will dictate the strategy your attorney chooses when appealing your claim through your state’s board of workers’ compensation.

Below are some of the most common reasons why workers’ compensation claims are denied:

  • Your claim lacked enough evidence to prove the injury was job-related
  • You failed to seek medical treatment
  • You did not report the injury on time
  • The type of injury you have is not compensable
  • Your employer disputed your claim and provided a disqualifying reason that led to its denial

There are, of course, other reasons that could lead to the denial of a workers’ compensation claim. Receiving a denial for your workers’ compensation claim does not necessarily mean that it is invalid or that you will be unable to receive benefits if you choose to appeal it, so do not feel that you should automatically give up simply because you were denied.

Appealing a Denied Workers’ Compensation Claim

Upon receiving a denial for your workers’ compensation claim, you will also receive a deadline for the timeframe within which you can appeal this decision, so make sure you act quickly. You do not want to miss out on your one opportunity to possibly turn things around. Additionally, since the appeal process is often quite complicated, it would be wise to hire an experienced workers’ compensation attorney to represent your claim.

Some of the steps involved in the appeal of a workers’ compensation claim include:

  • Apply for adjudication of your claim
  • Declare your readiness to proceed
  • Settlement process
  • Workers’ compensation hearing
  • Petition for reconsideration

If you unsuccessful at this stage and the Workers’ Compensation Appeals Board (WCAB) does not rule in your favor, you can still take your appeal to the California Court of Appeal in your district. If your claim is denied at this stage as well, it is also possible to petition the California Supreme Court.

Schedule a Free Case Review with an Experienced Workers’ Compensation Attorney Today!

The appeals process for workers’ compensation claims is complex and, without the assistance of a knowledgeable attorney, can easily go wrong. At Law Offices of Larry S. Buckley, we understand how important it is for you to obtain workers’ compensation benefits after being injured on the job, which is why we are committed to protecting your rights to these benefits and will fight diligently on your behalf to ensure the process goes smoothly. Our team has decades of collective experience and history of success, including millions of dollars recovered on behalf of our clients.

Reach out to our law office today at (530) 413-0245 to schedule a complimentary case review with a trusted member of our team. We are available 24/7 to take your call.

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