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

What to do if workers’ compensation denies your claim

On Behalf of | Jan 9, 2025 | workers' compensation

A denied workers’ compensation claim can feel frustrating and overwhelming, especially if you’re recovering from a work-related injury. In California, you have options to challenge the decision and ensure your rights are protected. Understanding the steps you can take is the first step toward resolving the issue.

Review the denial letter

Start by carefully reading the denial letter you received. It will explain why your claim was denied, such as missing documentation, late filing, or a dispute over whether the injury was work-related. Knowing the reason helps you address the issue effectively.

Gather additional evidence

If workers’ compensation denies your claim due to insufficient proof, gather more evidence to support your case. This might include medical records, witness statements, photographs of the accident scene, or any communication with your employer about the injury. Strengthening your documentation can improve your chances of success.

File an appeal

In California, you can appeal a denied workers’ compensation claim by filing an Application for Adjudication of Claim with the Workers’ Compensation Appeals Board (WCAB). Be sure to adhere to deadlines, as missing the timeframe for filing can prevent you from pursuing further action.

Attend a settlement conference or hearing

The WCAB process often involves a settlement conference where you and your employer’s insurance company can try to resolve the dispute. If no agreement is reached, the case may proceed to a hearing before a workers’ compensation judge. Be prepared to present your evidence and explain why you believe your claim is valid.

Explore other benefits

While appealing your workers’ compensation claim, look into other benefits that might help cover medical expenses and lost wages. Short-term disability insurance or state disability benefits could provide temporary support.

A denied workers’ compensation claim doesn’t have to be the end of your journey. By understanding the denial process, you can work toward the compensation you need. Staying organized and proactive is key to navigating the process and focusing on your recovery.

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