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What Should I Do If My Workers' Compensation Claim Is Denied?

If you are injured on the job, your claim should be covered under your employer’s workers’ compensation insurance. California requires all employers to carry insurance and to inform their employees of the coverage through a “notice to employees” poster in an obvious location. If your claim is denied, you can still pursue the compensation you need. Whether your claim was not filed within the statute of limitations or your employer disputed the evidence, our Woodland Hills workers’ compensation attorneys at the Law Offices of Gary Rodich can provide diligent representation.

What steps should you follow if your claim is denied?

  1. Gather necessary documents. Medical records, timesheets, photographs of your incident, and witness reports can provide evidence to support your claim. If new evidence has come to light or you believe the judge’s initial decision did not take all the evidence into consideration, you can file an appeal and provide the necessary documents to the appeals board.
  2. File an appeal. Once you realize your claim is denied, you should file an appeal. California only allows 20 days from the date you receive the denial letter to file an appeal, so it is important to act quickly. You must file a Petition for Reconsideration with your local district office, and describe the reasons for your appeal. The petition will be reviewed by the Workers’ Comp Appeals Board (WCAB), and you will receive an answer within 60 days.
  3. File a writ of review. If you disagree with the board’s decision, you have 45 days to file a writ of review in the state appellate court. While the court cannot reverse any findings of fact made by the Workers’ Comp Appeals Board, it can review the case to determine if the board’s decision was reasonable based on the evidence. If the appellate court does not overturn the original decision, you can take your case to the California Supreme Court. However, it is rare for the court to hear a workers’ compensation case.

If your workers’ compensation claim has been denied, it is important to seek representation right away. At the Law Offices of Gary Rodich, we can help you file an appeal and keep you informed throughout the process. From gathering evidence to representing you against insurance companies, our Woodland Hills workers’ compensation lawyers can provide the legal assistance you need.

Contact our firm today for a free consultation.