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What to know about appealing a denied workers’ comp claim

| Aug 28, 2020 | Workers' Compensation |

Let’s say that you recently suffered an injury on the job. After reporting it to your employer, seeing your doctor and filing your workers’ compensation claim, you hoped that you could finally receive compensation for your damages and move forward with your life. But the insurer denied your claim, and you are now unsure of what to do.

You do have a chance to receive workers’ compensation benefits. If the insurance company denied your claim, you can file an appeal.

How to file an appeal

Do not give up hope just yet. You still have a chance to receive the benefits that you need. However, you must follow the steps of the appeals process very carefully.

  • Review the decision

Carefully examine the decision that the insurer sent you. It may tell you why the company denied your claim. In some cases, it was a simple mistake.

  • Speak with an insurance representative

Contact the insurance company. Explain your situation to a representative and see whether they can do anything for you. If not, you will need to take further measures.

  • Hire an attorney

You may have a much better chance of winning your appeal if you work with a workers’ compensation lawyer. Your attorney can assess your claim, communicate with the insurance company on your behalf and advocate for your best interests.

  • File an appeal

You and your lawyer will likely need to file an appeal with the California Workers’ Compensation Board. Explain in your petition why you feel the denial was unjust. Include any relevant evidence, including your financial records and medical records.

Follow these steps closely. Failure to comply with any of them may derail your appeal.

Do not give up on your claim

Many workers’ compensation claims receive denials the first time around. Do not simply accept your insurance company’s decision if it refuses to pay you. With patience, strength and determination, you may just recover the benefits that you deserve.