Yes. You may have been denied because you didn’t present enough evidence to show what caused your accident or how badly you were hurt. Your employer may have gotten away with casting doubt on your accident. Your California Workers’ Compensation Attorney can fight back in an appeal and deliver the proof you need to win.
What to Do After Being Denied Workers’ Comp Benefits
Workers dealing with serious injuries suffered on the job can be rejected for Workers’ Comp benefits and feel they have nowhere to turn. They may have a medical bill total they could never pay, they may be on the verge of bankruptcy because they can’t work. But a ruling in a Workers’ Comp hearing isn’t the end of the story.
You can be denied California Workers’ Compensation benefits for many reasons. You may have filed incorrect paperwork. Your employer may have had more evidence to present than you did, even though you were in the right.
You can file an appeal and hire a skilled attorney to handle your case this time. It might make a major difference in the outcome and the amount you take home in support. You’ll be filing a “Petition for Reconsideration” form and asking The Workers’ Compensation Appeal Board (WCAB) to reassess the decision of a Workers’ Compensation judge.
With a skilled legal professional on your side this time, the results may be much better.
How Can My Lawyer Fight Back After a Denial of Workers’ Compensation?
You may have filed your first attempt yourself without an attorney’s help. Or you may have had an attorney who didn’t build a strong enough case for you. You have a second chance after a denial of benefits, and you can choose to have a skilled lawyer represent you this time.
These are just a few of the ways a lawyer can help you reverse a decision.
These are just a few of the ways a lawyer can prepare you for success during a Workers’ Compensation appeal:
- Go over your denial letter. If you get rejected, Workers’ Comp administrators will send you a letter revealing why. Your lawyer goes over this note and immediately corrects the factors that led to your rejection.
- Investigate your employer. Your employer may have had the advantage during your first attempt to earn support. Your employer’s Workers’ Comp Insurance provider may have covered up safety issues in your workplace and may have questioned your injury unfairly.
- Investigate your accident. You may not have had enough evidence to back up your case the first time. Your lawyer is a skilled investigator who will secure physical evidence, witness testimony, and surveillance video if available.
- Investigate your injury. Your lawyer makes sure the Appeals Board gets documentation from all of your doctors and from expert medical witnesses if needed. They need to know how much your injury has affected your home life and your work prospects.
- Oversee another QME evaluation. A different Qualified Medical Evaluator (QME) may be used to reexamine your injury during an appeal. Your lawyer can help you prepare for this invasive process and the difficult questions you’ll face. Your lawyer can also request a different evaluator, known as an Agreed Medical Evaluator (AME) for your second round of medical testing.
- Represent you during a frustrating Workers’ Comp Appeal. Your lawyer makes sure the WCAB has the full story of what happened to you and sees how your employer’s negligence helped to put you in a dangerous situation.
- Protects you from retaliation. If an employer retaliates because you reported an accident or because you appealed a Workers’ Comp verdict, your lawyer should take legal action. This type of behavior is illegal. Your lawyer also rushes to your defense if an employer fires you for not being able to come to work due to an injury.
Contact a California Workers’ Compensation Attorney
Maison Law offers a free consultation to all injured California workers faced with filing a Workers’ Compensation claim or even a lawsuit against an employer. You’ll speak to a real California Worker’s Compensation Lawyer. Contact us to set up an appointment.
We can help you file a prompt appeal to a Workers’ Compensation denial and help you build a much stronger case to secure the support you need.
Remember, you don’t need to have any money to hire a skilled attorney to represent your case. We don’t get paid unless your case is successful. Then our fee comes out of the money Workers’ Compensation and your employer must pay you.
