Workers’ Compensation Claims Appeals Attorney in Los Angeles
There are many unforeseeable accidents that can occur while you are at work, despite how careful you may be. If you were hurt on duty, you face the possibility of missing numerous days of work due to the injuries you sustained. After an injury, you have the right to file for a worker’s compensation claim. Your claim, however, can be subject to denial. If your workers’ compensation claim was denied, the appeals process cannot only be lengthy, but it can also be problematic to manage. This can put a tremendous amount of strain on you and your loved ones, especially if you are in need of time to recover.
If you are suffering due to an injury you sustained while at work and your claim was denied, an experienced attorney can help. A qualified attorney can advocate for your rights at your Workers’ Compensation Appeals Board Hearing and fight for the compensation in which you are entitled to.
Why Should You Appeal Your Denied Claim?
The decision to file for an appeal on your workers’ compensation claim denial can be based on several factors. Some of these factors can include:
- The degree of the injuries you received
- The nature of the disagreement
- The reason behind the denied claim
- Was your claim completely denied?
- Where only portions of your claim denied?
If you choose to appeal a denied workers’ compensation claim, a qualified attorney can help you file your claim in a timely manner and advocate for your rights.
Filling for a Formal Appeal
Once you are ready to formally appeal for your denied workers’ compensation claim, the process can include the following:
- Contacting your insurance provider and understanding why your workers’ compensation claim was denied;
- With special attention to the deadlines, file a formal appeals claim. This includes a Petition for Reconsideration;
- Be subject to an evaluation by a qualified medical examiner and/or an agreed medical evaluator; and
- Request a hearing and present your case in front of a judge or review panel.
If you have filed a workers’ compensation claim and your employers’ insurance provider has rejected it, you have a right to appeal that decision. All appeals are subject to deadlines, which must be timely met, and the filing process can be very complicated. If you have been injured at work, contact an experienced attorney who will help you obtain the compensation you are entitled to.
Reasons Behind Your Denied Claim
There are numerous reasons as to why your workers’ compensation claim can be rejected. A rejected claim can occur through some of the following:
- Upon looking into the claim, the claims adjuster discovered that the injury or injuries were not sustained while on the job;
- The injury or injuries were caused by a pre-existing ailment;
- There was a failure to provide a specific document; and/or
- The claim was not filled entirely or was filled incorrectly.
For reasons previously stated, the appeals process will be a lengthy and difficult procedure. Unfortunately, there is not a specified timeframe for an appeals claim resolution, but there are a few elements that can influence the speed of the process. To further emphasize, the addition of medical evaluations can be made in order to provide satisfactory evidence.
It is important that you recognize that the appeals process is not something you should rush to complete. Although delays can be both emotionally and financially difficult, rushing through the process with inadequate and incomplete information can potentially leave you with a smaller percent of the total compensation you are otherwise entitled to receive.
Filing for an appeal for a denied workers’ compensation claim is a difficult and confusing matter. The process alone can lead to stress and financial strains. If you or someone you know was injured at work, proceeded to file a workers’ compensation claim which was ultimately denied, an experienced attorney can help you through the appeals process. A qualified attorney will not only see to meet the rigid time-frame, he or she will also champion for your rights and fight for the compensation to which you are owed.
Our Los Angeles Workers’ Comp lawyers are experienced in the appeals process of a denied workers’ compensation claim. They will champion for your rights as a victim and will fight to seek justice on your behalf.