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What can people do if workers’ compensation benefits are denied?

| Nov 25, 2020 | Workers' Comp |

People in Northern California work many different types of jobs. These jobs require various physical requirements and training, but all employees in California are protected by the same laws regardless of the type of job that they work. These laws protect workers from discrimination, wrongful termination, guarantee minimum wage and other laws as well. One of these other laws is that if they are injured while they are working they may be able to receive workers’ compensation benefits.

There are many rules regarding workers’ compensation, but if people are injured while working, the first step they need to take is file a claim with their employer who will in most situations provide it to their workers’ compensation insurance. Then an initial determination will be made about whether to provide the benefits. However, as they are who will pay the benefits, they may have incentive to minimize the extent of the injury or dispute how it was caused.

Process for filing claim if initial claim denied

If the initial claim is denied injured workers can file a claim with the Division of Workers’ Compensation and give a copy of the claim to the employer. When the claim is filed people also can request a hearing which is called a settlement conference.

At this settlement conference a judge will look at the evidence from both sides and discuss the case in an attempt to reach a settlement. However, if there is not a settlement, there will be a trial in front of a different judge who will make the decision on whether the worker is entitled to benefits and the amount of the benefits.

Unfortunately, many workers are injured while working each year. This can happen in a variety of ways, but if the injury occurred at work, the injured worker may be able to receive workers’ compensation benefits even if their initial claim was denied. These can be complicated cases involving many medical reports and experienced attorneys may be able to guide one through the process.