Employees are sometimes hesitant to file a workers’ compensation claim for several reasons, one of which is potentially being denied. However, when a workers’ comp claim is denied, it isn’t the end of the world. You can appeal the denial.
Workers’ compensation claims can be denied for several reasons. Some insurance companies regularly deny initial claims, hoping the injured worker will let the matter drop rather than pursue the claim. Other companies have valid reasons for denying a claim it doesn’t believe it should cover. Some legitimate reasons a workers’ comp claim can be denied include the following:
- The injury wasn’t work-related
- The injury was sustained working for another company
- The injury didn’t require medical treatment for recovery
- The injury didn’t prevent you from working
In the state of California, you have the right to takes steps to reverse your denial of claim by requesting a hearing in front of your local Workers’ Compensation Appeals Board judge. At the hearing, the judge will hear your side of the case and the insurance company’s side of the case before making a decision in or against your favor.
To get started, request a hearing before the Workers’ Comp Appeals Board (WCAB) by filing a Declaration of Readiness to Proceed. Before filing this form, however, you need to file an Application for Adjudication of Claim, which is part of filing your official claim and gives you a workers’ comp number.
Appealing a workers’ comp claim can be complicated. If you need help with the process, don’t hesitate to give our skilled San Jose workers’ comp attorneys a call. The Law Offices of Andrew B. Shin can help you navigate the appeals process by assisting you in filing the right paperwork and presenting evidence in your favor at your hearing. Let us take a look at your case and offer experienced advice about your best course of legal action.
Contact us at (408) 709-7317 or fill out our online form to schedule a free case consultation today.