Submitted by rtg on Mon, 11/25/2024 - 13:32 rtg's Blog Employees who were hurt at work but denied workers’ compensation in California can file an appeal. The money from workers’ compensation can be used to pay for medical bills and other daily living needs while you recover from your injuries, so you should definitely appeal if your claim was denied. Speak with a workers’ compensation attorney in California today if your claim was denied to determine if you may be eligible for a settlement due to your workplace injuries. Common Reasons for a Workers’ Compensation Denial There are a lot of reasons why your California workers’ compensation claim may have been denied. The most common reason is that the claim forms were not filled out correctly. Claims are also commonly denied if you didn’t include medical documentation that proves your injury was related to your job or workplace. Some of the other reasons why your California workers’ compensation claim may have been denied are: Injury was not work-related or wasn't caused by activity on the job The injury was due to your work for another company. You do not need medical treatment to recover from your injury. You do not need time off work because of your injury. File a Case If your California workers’ compensation claim was denied you need to file an application for an adjudication of claim. Your adjudication of claim application form must be filed at the DWC office in the county where you live. Or, if your workplace is in a different county you must file in the county where your workplace is if that is where you were injured. You also must serve the application on all other parties, which is usually the claims administrator. After that you will get a notice from the DWC office confirming that the application form has been filed. In the notice you will receive a case number that begins with the letters “ADJ”. Make note of your case number, you’ll need it to check on your application process. The Hearing After you file an application for adjudication you will have to file a declaration of readiness to proceed to request a hearing. When you have filed your declaration your case will be scheduled for a mandatory settlement conference. At the conference, you and the claims administrator will appear before a judge who will help you try to reach a settlement. If your case is not settled at the MSC, you will need to: Outline the dispute in documents Identify the items each party will present at trial Give the names of the witnesses that each party will ask to testify The Judge will then schedule a date for trial. Then a new trial will be held before another judge. You must attend that trial. After that trial, you will receive a written decision from the judge in the mail in 30-90 days. If you disagree with the judge’s decision you file a petition for reconsideration and continue to try and get California workers’ compensation for your injuries. Importance of Legal Guidance If your California workers’ compensation claim is denied it’s strongly recommended that you consult with a California workers’ compensation attorney. An attorney who has experience dealing with California workers’ compensation claims can help you with things like: Gathering evidence and building your case Reducing stress and helping manage paperwork Guiding you through the legal process Understanding the complexities of worker comp law Protecting your rights Negotiating on your behalf to ensure a fair settlement Helping you avoid common mistakes Fill out the Free Case Evaluation to get connected with an independent attorney who subscribes to the website and may be able to help you with your case.
