Californians who have been injured on the job may rely on workers’ compensation benefits for a variety of reasons. A common concern is what they will do if a claim is denied. While this is undoubtedly a setback, there are ways to reverse a denial.
It’s important to understand why a case might be denied and the steps to appeal. There are time constraints to report the injury. Workers who fail to report in the required time frame run the risk of facing a denied claim. There is also a time limit to file the claim. In general, it must be done within 30 to 90 days.
Employers do not need to automatically agree with the claim. If there is a dispute about the injury, whether it was work-related or a disagreement about the severity, it can be denied. Some injuries do not warrant compensation. Furthermore, workers are required to receive medical treatment. Failing to do so can lead to a denial. Finally, there needs to be evidence that the injury came about because of work. The absence of evidence often results in a denied claim.
Fortunately, it is possible to appeal a denied workers’ compensation claim. In many cases, appeals are successful. There are time limits to appeal and these must be adhered to. In California, the Workers’ Compensation Appeals Board will hear the appeal. The applicant should bring all the evidence including documents and medical information. Workers’ compensation is an integral part of getting the necessary medical care and covering for wages over the short or long term. Appealing a denied workers’ compensation claim can result in being granted benefits. For assistance, it may be wise to get experienced legal advice.