What Should I Do When Denied California Workers’ Compensation Benefits?

In

At Hanning & Sacchetto, our workers’ compensation attorneys in Whittier know that when someone is hurt at work in California and cannot receive the benefits they are entitled to because of a workers’ compensation claim denial, both their ability to heal and their livelihoods are compromised.

Fortunately, injured California workers can request a hearing in front of their local Workers’ Compensation Appeals Board, or WCAB, to appeal a denial of their claim.

First, you must understand why your workers’ compensation benefits have been denied, and what you need to do to prepare for your initial hearing before the appeals board.

Why Would My California Workers’ Compensation Claim Be Denied?

California workers’ compensation claims can be denied for multiple reasons, starting with the fact that the benefits are paid by an insurance company not directly from the employer.

Some insurance companies routinely deny initial workers’ compensation claims, hoping the injured employee will simply accept the reasoning and drop the claim.

Common explanations workers’ compensation insurance providers use to deny legitimate injury claims may include, but are not limited to stating the:

  • The injury was not work-related
  • The injury was due to work contracted by another company — not their policyholder
  • The injured person did not require medical treatment to recover from the injury
  • The injured person did not require time off work due to the injury

If you have received a letter from your employer’s workers’ compensation insurance provider stating your benefits have been denied, do not attempt to take on the appeal process on your own.

Contact our skilled workers’ compensation attorneys in Whittier today to learn more about your complete rights and the benefits you are entitled to during a free consultation.

California Workers’ Compensation Attorneys Fighting for Our Client’s Rights Before, During & After an Appeal Hearing

Before requesting an appeal hearing before the Workers’ Comp Appeals Board, our skilled Whittier workers’ compensation lawyers will investigate the circumstances that led to your work accident and injuries, review your medical records, and outline the ways your day-to-day and long-term quality of life has been impacted by not just the injuries, but the denied claim.

We will then request a hearing before a WCAB judge, by filing both the Application for Adjudication of Claim and the Declaration of Readiness to Proceed before appearing at the hearing and fighting for your rights.

The hearing will serve as an informal trial where the judge will hear both sides of the case and decide on whether the insurance company must accept the workers’ compensation claim.

If the dispute cannot be settled during the hearing, the judge will then set the matter for trial or will require a discovery plan to take place, where more evidence must be submitted to help determine the issues in your case.

Many, but not all, disputes over whether a California workers’ compensation claim should be accepted or denied by the insurance company are settled at the pre-trial conference, especially when injured workers have a skilled workers’ compensation attorney fighting for their rights.

Contact Our California Workers’ Compensation Attorneys at Hanning & Sacchetto

If you have been injured at work, or have already had your workers’ compensation benefits denied by the insurer, contact our experienced Los Angeles County workers’ compensation attorneys at Hanning & Sacchetto today by calling 562-698-6446 to learn how we can pursue the benefits you are entitled to, so you can get the medical care and time away from work you need to fully heal.