Attorney Esequiel Solorio is a certified specialist in workers’ compensation law as certified by The State Bar of California Board of Legal Specialization.

What happens after the denial of a workers’ comp claim?

On Behalf of | Jun 29, 2018 | workers' compensation

Employers in California must provide their workers with workers’ compensation insurance coverage. However, when it comes time to file a claim, many workers are nervous about potential retaliation, and rightfully so.

Some employers will break the law in order to protect their own bottom line. That could mean falsifying internal records about an accident or punishing workers who file claims for workers’ compensation coverage. If you suffered an injury at work but your claim has been denied, it is important to understand that you have the right to appeal.

California law protects workers from unfair denial of their claims

If employers got to decide who received compensation for workplace injuries, very few workers would qualify for these protections. In order to ensure that injured workers who deserve benefits receive adequate compensation, the state allows anyone who has a denied claim to file an appeal. The appeal gets a proper review from an administrative judge, and it will allow those denied benefits an opportunity to plead their case.

It is important to file your appeal in a timely manner, as there is a limited window of time for appeals. It is also important to determine the reason why your initial claim got denied. Sometimes, poor record-keeping on the part of your employer can be the cause. Other times, issues with paperwork results in a denial.

In some situations, an inadequate amount of evidence related to the injury could result in a denial. An appeal will offer you the opportunity to address these oversights and help you connect with the benefits you deserve.