Experienced Attorneys For Workers’ Compensation Claim Denials
It’s bad enough that you were injured or became ill because of your job conditions. But now, your workers’ comp claim was denied by your employer’s workers’ compensation carrier. Despite their denial, you have an absolute legal right to appeal their decision. Just because the claims administrator has determined your medical condition shouldn’t be covered by workers’ compensation, doesn’t mean their decision is final. Still, you must take deliberate action if you want to fight the denial.
If you’ve already filed a workers’ compensation claim and you accept the denial notice, you will lose your right to pursue your claim. You can call your employer’s insurance company to ask why your claim was denied. However, it may be risky and further jeopardize your right to collect benefits. Before you do, you may wisely consider involving a skilled, competent workers’ compensation attorney.
We Fight Against Claim Denials
Your employer’s workers’ compensation carrier’s foremost interest is in not paying your claim. They won’t pay if they can get away with it, and will look for any reasons to deny it. Or in some cases, through human error – yours or theirs – your claim may be denied because of an administrative mistake.
The workers’ compensation system has specific rules and requirements for reporting a work-related injury or illness. There are stringent, inflexible deadlines for filing a claim and complex forms to fill out. If anything in your benefits’ claim process is not done correctly or not submitted within time deadlines, your claim will probably be denied. Your employer’s workers’ compensation insurance company must send you a Notice of Denial within 21 days of receiving your claim. If they don‘t, they can be held responsible for interest, penalties, and attorneys’ fees. If your claim was denied because of an administrative reason, you may be able to resolve the denial by contacting the insurance company. If that fails, you will likely need an attorney to pursue an appeal of your workers’ compensation claim denial.
When you filed a legitimate workers’ compensation claim, and it was denied, skilled California workers’ compensation attorney Brian Freeman will appeal your right to win benefits
Appealing A Workers’ Compensation Claim Denial Involves A Complicated Legal Process
When you receive your disqualification notice, CCR §10840 will be included. To appeal a benefits disqualification, you must complete and return the form within 30 days of the date on the notice. When a workers’ comp claim is denied, it means the claims administrator believes your injury is not covered by workers’ compensation. In this case, you have a right to challenge the decision but must follow stringent, inflexible established deadlines. If you appeal a denial, your case will be heard by a workers’ compensation administrative law judge (WCJ) at one of California’s 23 local offices or by satellite.
There are specific ways to file an appeal including:
Petition for Reconsideration & Petition for Removal (CCR §10840) – Petitions for reconsideration, removal, or disqualification and answers must be filed with a Workers’ Compensation Appeals Board district office or with the office of the CCR §10840.
CCR §10840 (Labor Code §5950, et seq.) – A claimant who has been denied a workers’ compensation claim by a final decision of the Appeals Board CCR §10840 district in which the party resides for review.
We Have Successfully Handled Appeals Board Cases Involving Judges And Intimidating Court Proceedings
Without legal experience, judges and court proceedings can be baffling and intimidating. But not to Brian Freeman, the founder of Workers' Compensation Lawyer, Inc. For over a decade, attorney Freeman has worked hard to win compensation for the “Average Joe”® who was seriously injured because of another’s recklessness or negligence.
We Will Strategically And Vigorously Appeal Your Denial
Before it’s too late, you must file an appeal within 30 days or risk losing benefits permanently. To help you through this arduous, complex legal process, the experienced legal team at Workers' Compensation Lawyer, Inc., will:
- File the correct forms and paperwork
- Investigate the denial
- Fight on your behalf to win your workers’ compensation benefits
Not Another Bill When You’re Too Injured to Work – Upfront Costs Covered As Your Case Is Appealed
Workers' Compensation Lawyer, Inc., represents injured workers on a contingency basis. We will never charge you a penny upfront and we only get paid when we win your appeal settlement. The initial consultation is entirely free. The typical attorney fee that will be awarded by the workers’ compensation appeals board is 15%.