What To Do If Your Claim Has Been Denied
Many of our clients come to us confused because their workers’ compensation claims have been denied. Our clients know they are injured. They know they are telling the truth. Why are they being treated as liars by the representatives for the insurance companies and the employers?
If your workers’ compensation claim was denied, you are not alone. Most are. But we can help. We are the experienced workers’ compensation attorneys at Berger & Michelena: 800-488-4813.
The attorneys at Berger & Michelena can tell you why your claim is being denied: the insurance companies and the employers have adopted a scorched-earth attitude toward injured workers needing health care. Under this approach, insurers and employers reject as many claims as they can in order to increase profits beyond what their profits should normally be. At your expense, these companies artificially inflate their profits and deny you the workers’ compensation benefits they are legally required to provide to you in exchange for you helping their business grow.
Pasadena Denied Benefits Attorney
You are not alone. With more than 100 years of combined experience in workers’ compensation law, the lawyers of Berger & Michelena regularly help clients whose workers’ compensation claims have been wrongly denied. Such rejections, sadly, have become standard operating procedures for many businesses. We make it our mission to fight aggressively on your behalf for the benefits being wrongly withheld from you. We are proud to help you prevent an insurance company or other business from using your injury as an opportunity to pad its bottom line.
Our Los Angeles workers’ compensation lawyers can help you get the medical care you need. We can help you apply for state disability benefits if the insurance company refuses to pay you temporary disability benefits. We can help you find the doctors who are more interested in your well-being than the insurance company.
Frequently Asked Questions On Denied Claims
Below are key questions and answers to help you understand what to do next after a denied workers’ compensation claim.
What steps should I take immediately after my workers’ compensation claim is denied?
When your claim is denied, it is important not to ignore the notice. The denial letter should explain why your claim was rejected and outline your right to appeal. Here are the first steps to take:
- Read the denial letter carefully to understand the reason for rejection.
- Gather supporting evidence, such as medical records, witness statements or employment documents.
- Consult a California workers’ compensation attorney to evaluate your case and file an appeal properly.
Taking prompt action helps preserve your rights and strengthens your case for benefits.
How long do I have to appeal a denied workers’ compensation claim in California?
You have 20 days from the date you receive the denial letter to file an appeal with the Workers’ Compensation Appeals Board (WCAB). Missing this deadline may result in losing your right to challenge the decision.
An experienced workers’ compensation lawyer can help ensure all paperwork is filed correctly and within the required time frame. Acting quickly is crucial to keeping your claim active.
Can I still receive medical treatment while my denied claim is being appealed?
In most cases, yes. California law allows injured workers to receive up to $10,000 in medical treatment while their claim is under review. This helps ensure you can continue to care for your injuries even if your claim is still in dispute.
However, these benefits are temporary and may end if your appeal is unsuccessful. Working closely with a knowledgeable attorney helps protect your right to ongoing treatment and reimbursement for related costs.
What is the process for appealing a denied workers’ compensation claim in California?
Appealing involves several steps and can be complex. Generally, you or your attorney will:
- File an application for adjudication of claim with the WCAB.
- Request a hearing before a judge to present evidence and arguments.
- Attend a mandatory settlement conference to attempt resolution before trial.
- Proceed to trial if no agreement is reached.
Because this process requires legal knowledge and attention to deadlines, working with Berger & Michelena experienced workers’ compensation attorneys in California can make a huge difference in your case’s outcome. Our team understands how to prepare strong appeals and fight for the benefits injured workers deserve.
Los Angeles Denied Claims Attorney
To discuss your matter with a workers’ compensation claims lawyer from our California law firm, call us at 800-488-4813. You can also schedule your free initial consultation by contacting us online.