The Workers’ Compensation Appeals Process
If you get hurt while performing the normal functions of your job, you will undoubtedly miss a lot of hours and related income. Even if you file for workers’ compensation right away, the possibility exists that the company and they are insurance provider denies your claim. All of a sudden, you face no compensation at all for your medical treatments and time away from work. In the middle of your recovery, you now have to handle the workers’ compensation appeals process, too.
The California Workers Compensation Lawyers has a lot of experience countering denials put forth by insurance companies when it comes to paying out appropriate benefits to employees hurt at work. You need the best counsel on your side to get a denial overturned successfully.
A Denial Is Not the End
We handle everything from initial claims for workers’ compensation to the appeals process even after multiple denials. Our expertise and understanding of California law allows us to present a powerful case for your rights and benefits. Our goal is your proper treatment and compensation that you need to heal and return to work as soon as possible.
If you have experienced a claim denial, contact us right away for a free consultation. We can help you understand the process and achieve a more positive outcome.
How Does the Appeal Process Work?
When you appeared before a workers’ compensation judge (WCJ), you have the right in California to appeal their decision. Your attorney files a piece of paperwork called the Application for Adjudication of Claim. This triggers the California Workers Compensation Appeals Board to render a decision in your case. If you have all appropriate evidence, witness statements, medical records, and more, you have a much greater chance of the denial appeal going through.
The possible outcomes to any appeal include:
- Final denial of the appeal – If the appeals board does not think your petition to overturn a denial has any validity, they can simply deny it themselves. Although additional appeals are possible, they have a lower chance of succeeding.
- Reconsideration with a decision – The appeals court will make their final decision based on a review of all claim-related information. In some cases, this decision points to additional hearings with a different WCJ.
- Reconsideration with future proceedings – This outcome is similar to the one above but instead of reaching a decision at the end, the claim goes through the same hearings and proceedings again. This happens when supplementary evidence comes to light, more in-depth medical checkups have occurred, or if you had been deemed permanently disabled in the interim.
- Appeal petition dismissal – A dismissal differs from a denial in that it does not make any judgment about the claim at all. Instead, it simply removes the appeal from consideration for a time. This could occur for a variety of reasons best explained by your attorney.
Workers Compensation Appeals Take Time
Although we understand that you need financial benefits as soon as possible and would like to return to work, if your workers’ compensation claim or first appeal is denied, the process takes quite a bit of time. How long it actually takes depends on a multitude of factors including how complex your case is, when you get medical evaluations, if witnesses are contacted in a timely manner, and the busyness of the California workers’ compensation appeals board and judges. In some cases, your appeal may not happen for several months.
Stay patient and trust your attorney to navigate the workers’ compensation appeals process as swiftly and accurately as possible. The last thing you want to do is rush into your hearing with insufficient evidence or records. Do not trade speed for compensation benefits.
Choose a Loss Angeles Workers Compensation Appeals Attorney
California rules and regulations are complex and nuanced. If you do not understand every requirement and best practice to file an appeal on a compensation denial, you will lose out in the end. That provides the best reason possible to contact the California Workers Compensation Lawyers in Los Angeles and get the kind of help you deserve.