For those who have been out of work or have missed time at work due to a job-related injury, the workers’ compensation system is supposed to support you while you recover. However, sometimes things may go wrong, and you need to know how to fight back on your behalf. In this blog, we’ll be exploring some steps to appeal a denial of workers’ compensation claim by the California Workers’ Compensation Board.
- Request a copy of the denial
If you are denied workers’ compensation benefits in California, you have the right to appeal the decision. The first step is to request a copy of the denial from your employer or the worker’s compensation insurance company. Be sure to include your name, address, and telephone number so they can get back to you. Include a statement that you are requesting an appeal of the denial of benefits. You should also include any supporting documentation that you have.
- Review and understand the reasons for the denial of the Workers’ compensation claim
If you’ve been denied workers’ compensation benefits in California, reviewing the reasons for the denial is essential and ensuring you understand why your claim was denied. Once you know the reasons, you can start to gather evidence to appeal the denial. The appeals process can be complex, so it’s essential to have all of your documentation in order. You’ll also want to ensure you meet all the deadlines for filing an appeal.
- Gather any additional evidence or documentation that may support your claim
If you’ve been denied workers’ compensation benefits in California, you can take a few steps to appeal the decision. First, gather any additional evidence or documentation that may support your claim. This could include medical records, eyewitness testimony, or anything else that could help prove your case.
- File a written appeal with the workers’ compensation appeals board
If you’re denied workers’ compensation benefits in California, you have the right to appeal the decision. To file a written appeal with the workers’ compensation appeals board. You’ll need to include information about why you think you should receive benefits and any supporting evidence. Once your appeal is filed, a hearing will be scheduled where you can present your case.
- Attend the scheduled hearing for your appeal
|The most important thing to do when appealing a denial of workers’ compensation claim in California is to attend the scheduled hearing for your appeal. This is your chance to present your case and have it heard by an impartial judge. Make sure to bring relevant evidence supporting your appeals, such as medical records or witness statements. Be prepared to answer any questions that the judge may have. If you are unable to attend the hearing, you may be able to submit a written statement instead of appearing in person.
- Present your evidence and argue why you believe you should receive workers’ compensation benefits
If you have been denied workers’ compensation benefits in California, you have the right to appeal the decision. This step is to request a hearing with the Workers Compensation Appeals Board. You will need to present your evidence and argue why you believe you should receive benefits. The Board will then make a decision based on the evidence presented. You can file an appeal with the Superior Court of California if you are still denied benefits.
- The appeals board will render a decision on your case
The appeals board will render a decision on your case. If the decision is unfavorable, you may request a rehearing. You must file a request for a rehearing within 20 days of the date of the original decision. If the rehearing is unfavorable, you may file an appeal with the Workers’ Compensation Appeals Court.
- If you are still denied, file a petition
The last step in appealing a denial of a workers’ compensation claim in California is to file a Petition for Reconsideration with the Workers Compensation Appeals Board. This step is necessary if the employer or insurance company denies the claim and the worker feels the denial was improper. The petition must be filed within 30 days of the date of the denial.
Conclusion
If you have been injured at work and your workers’ compensation claim has been denied, you have the right to appeal. The appeals process can be complex, but with the help of an experienced attorney, you can give yourself the best chance of success. At Pistiolas Law, we have helped many clients through the appeals process. Contact us today at (844) 414-1768 to learn how we can help you.
