Los Angeles Denied Workers’ Compensation Claims Attorneys
What to Do If Your Workers’ Compensation Claim Is Denied
Nearly every employee in the state of California is covered by workers’ compensation. But what happens when you are injured on the job or suffer a work-related illness and your employer or their insurance company denies your claim?
If your workers’ compensation claim is denied, you have the right to file an appeal. This is a complex process with numerous steps you must take and multiple deadlines you must meet. We strongly encourage you to reach out to our Los Angeles denied workers’ compensation claims attorneys at the Barkhordarian Law Firm for help. We have been representing injured workers throughout the Greater Los Angeles Area for nearly 10 years and have successfully guided countless clients through the appeals process, helping them securing the benefits they needed and deserved.
Common Reasons Workers’ Compensation Claims Are Denied
First and foremost, it is important to understand why your claim may have been denied. Employers and their insurance companies deny workers’ compensation claims for a wide variety of reasons, some valid and some not.
Some of the most common reasons workers’ compensation claims are denied include:
- Disputes over how the injury occurred/whether it was work-related
- Issues regarding employee classification/misclassification
- Employee failure to report the injury
- Disputes regarding “reasonable and necessary” medical treatment
- The employee did not need medical care or did not take time off work
Additionally, disputes frequently arise between injured workers and the insurance company regarding the duration of benefits. Just as you can file an appeal if your claim is denied, you can take legal action if you believe your benefits were delayed or terminated before you reached maximum medical improvement (MMI). You can also request a second opinion if your doctor states that you have reached MMI, but you disagree.
Appealing a Denied Workers’ Compensation Claim
If you believe your workers’ compensation claim was unjustly denied, you can begin the appeals process immediately.
Below, we’ve provided a brief overview of the California workers’ compensation appeals process:
- File an Application for Adjudication of Claim: The first step in the workers’ compensation appeals process is filing what is known as an Application for Adjudication of Claim. Once you have filed this form, you will receive a workers’ compensation case number.
- File a Declaration of Readiness to Proceed: The next step is filing a Declaration of Readiness to Proceed (DOR) form. This form must be filed after the Application for Adjudication of Claim and before requesting a hearing.
- Request a Hearing: Once you have filed the Application for Adjudication of Claim and the DOR, you can request a hearing before the Workers’ Compensation Appeals Board (WCAB). If your initial claim was denied on the grounds that your injury was not work-related, you may receive a date for an expediated or priority conference with the WCAB judge.
- Pre-Trial Conference: Typically, the judge will set a date for a pre-trial conference. During this conference, the WCAB judge will review the issue and attempt to resolve the dispute without having to proceed to trial. Many disputed claims are resolved at this level.
- Trial: If your case cannot be resolved during the pre-trial conference, or if the WCAB judge decides that more evidence is needed, your case will proceed to trial. You may be required to see a doctor to have your injuries/medical condition evaluated. You may request a medical-legal evaluation by a different physician if you are not happy with the doctor who is treating you.
It is of the utmost importance that you work with a skilled legal professional when navigating the workers’ compensation appeals process. At the Barkhordarian Law Firm, our Los Angeles denied workers’ compensation attorneys not only understand the various processes involved, but they also have a proven record of success in helping other people just like you navigate the appeals system. We can guide you through this process and help ensure that you are fully prepared for all legal proceedings to better your chances of obtaining a favorable outcome.
Contact the Barkhordarian Law Firm Today
If your claim for workers’ compensation benefits has been denied, know that you still have options. We understand that you are dealing with an extremely stressful situation, which is why we provide compassionate, comprehensive legal services for all workers’ compensation-related matters. Our team is here to answer your questions and offer the advice you need to make informed decisions about your case.
When you choose the Barkhordarian Law Firm, you choose a team that will fight for you. We are aggressive when it comes to representing our clients’ rights, and we will use every available legal resource we have to help you prepare your appeal and navigate your case. Throughout the process, we will be consistently available to take your call and provide updates on the status of your case.
Get in touch with us today at (888) 514-5112 to learn more during a free, confidential consultation. Hablamos español.
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