Workers’ compensation is an important benefit that should protect employees and ensure they receive the treatment they need after an injury. Unfortunately, this ideal is not always the reality when workers go to file a claim. According to the United State Department of Labor, in fact, as many as 46 percent of applications end in a denial upon first submission in the state of California.
This is a startling statistic, but the thought of giving up after a denial is even more startling. Fortunately, there is an appeals process in place that allows injured workers to continue seeking compensation. There are a few steps you should take in order to continue pursuing your case.
Consider your legal options
If you were denied after filing for workers’ compensation independently, there is a chance that your denial was the result of a simple oversight or incorrectly completed paperwork. These are some of the most common and most preventable causes of denial. Hiring a legal representative, however, can help you prevent such errors and oversights from further compromising your claim.
File for adjudication of claim
After a denial, you should find the Division of Workers’ Compensation office that serves you area and apply for an Adjudication of Claim. This will initiate the process that essentially grants you a trial for your claim. After the processing of your application, you should receive a case number and notice of further action to take.
File petition for reconsideration
You may be able to reach a settlement in court or in a settlement conference, but if not, your claim may receive a denial yet again. Though this is disheartening, you do have options to continue pursuing it. You will need to seek a Petition for Reconsideration in order to continue seeking the compensation you need to recover from your injury. This petition will allow for the reviewal of your case and evidence.