How Workers’ Compensation Lawyers Help When Your Claim Is Denied [2022]

How Workers' Compensation Lawyers Help When Your Claim Is Denied – If your workers' compensation claim has been denied, you need to take action right away. Denied claims mean that you won't receive any benefits at all. This can be a huge financial blow for injured workers. You need legal help to get your claim accepted. A workers' compensation lawyer will guide you through the process and fight for your rights. In this blog article, you will learn How Workers' Compensation Lawyers Help When Your Claim Is Denied.

Fight To Get Your Denied Claim Accepted Through Judge Trial

The insurance company will often deny valid claims. They hope that the injured worker won't hire an attorney and fight the denial. The first thing that a workers' comp lawyer will do is file an Application for Adjudication of Claim at the Workers' Compensation Appeals Board (WCAB). This document starts the legal process. It requests that the WCAB Judge presiding over your case grant you benefits. The Application will state the basic facts of the case and body parts affected.

A Lawyer May Get Your Claim Accepted Rather Than Denied

In many instances, simply having an attorney file the Application will get your claim accepted. This is because the insurance company has experienced. They know that if they don't accept the claim, they'll have to go through a trial before a WCAB Judge. They may also have to pay your attorney fees in the event they lose at trial. Therefore, in most cases, it's in the interest of the insurance company to accept the claim rather than go through a trial.

Requesting A Priority Trial With A Workers' Compensation Law Judge

Filing For A Priority Conference – In some instances, however, the insurance company will not accept the claim even after the Application. When this happens, a trial will set before a WCAB Judge to determine whether or not you can receive benefits.

At trial, both sides will present evidence and witnesses. The workers' compensation lawyer will present evidence to show that your injuries were caused by your job and that you can receive benefits. The insurance company will present evidence to try to show that your injuries aren't related to your job.

After both sides have presented their evidence, the Judge will make a decision. If the Judge finds that your injuries were caused by your job and that you can receive benefits, the claim will be accepted. If the Judge finds that your injuries were not caused by your job or that you aren't entitled to benefits, the claim will be denied.

Appealing A Ruling By A WCAB Judge

If the WCAB Judge denies your claim, you have the right to appeal the decision. The workers' compensation lawyer will file a Petition for Reconsideration with the WCAB. This document requests that the WCAB panel review the Judge's decision and overturn it if they find it to be wrong.

WCAB Panel Review

The WCAB panel will review the Judge's decision and the evidence presented at trial. If they find that the Judge's decision was wrong, they will overturn it and grant you benefits. If they find that the Judge's decision was correct, they will deny your appeal.

Court of Appeals Review

Should the WCAB panel deny your appeal, you have the right to file a Petition for Review with the California Court of Appeals. This document requests that the Court of Appeals review the WCAB panel's decision and overturn it if they find it to be wrong. The Court of Appeals will review the WCAB panel's decision and the evidence presented at trial. If they find that the WCAB panel's decision was wrong, they will overturn it and grant you benefits. If they find that the WCAB panel's decision was correct, they will deny your appeal.

Supreme Court Review

If the Court of Appeals denies your appeal, you have the right to file a Petition for Review with the California Supreme Court. This document requests that the Supreme Court review the Court of Appeals' decision and overturn it if they find it to be wrong.

The Supreme Court will review the Court of Appeals' decision and the evidence presented at trial. If they find that the Court of Appeals' decision was wrong, they will overturn it and grant you benefits. If they find that the Court of Appeals' decision was correct, they will deny your appeal.

What Happens When Your Employer Has No Workers' Compensation Insurance

If your employer doesn't have workers' compensation insurance, then you have the right to file a lawsuit in Superior Court. This is a civil action and is completely different from the workers' compensation system. In a civil action, you will have to prove that your employer was negligent and that their negligence caused your injuries.

You will also have to prove that your injuries are serious and that you have incurred damages as a result of your employer's negligence. This is typically done by presenting medical evidence and expert testimony. The court will reward you damages if you win your civil action. These can include medical expenses, lost wages, and pain and suffering.

Sometimes Employers Hide Benefits From Their Employees

Sometimes employers hide there insurance company from their injured employee. They do this by paying cash at the industrial clinic (likely Concentra) and hoping the employee comes back to work. If the employee does not come back to work, then the employer may offer to pay for some days of work you miss. If the injury is serious and you miss too many days, then the employee should be receiving workers' compensation benefits.

Speak With A Workers' Compensation Lawyer For Legal Advice

It is important to speak with a workers' compensation lawyer as soon as possible when injured on the job. The workers' compensation system is complex and can be difficult to navigate without legal help. A workers' compensation lawyer will fight for your denied claim.

A workers' compensation lawyer will also be able to help you if your claim has already been accepted, but you are not receiving all of the benefits that you should be. For example, you may be receiving Temporary Disability Payments (TPD). But, the insurance company may be low-balling you on the amount. An experienced workers' compensation lawyer will know how to get you the full TPD benefits that you're entitled to.

If you were injured on the job, don't wait to get legal help. You can reach our office and contact a workers' compensation lawyer today for a free consultation at 866-NAPOLIN.