Helping San Jose Workers Fight And Appeal Denied Claims For Workers’ Compensation
It can feel devastating to have your workers’ comp claim rejected. You may wonder how you will afford your recovery after your injury and how you will continue to support your family. While a denial is a frustrating setback, you do you have rights to fight or appeal the claim denial.
The Johnson Law Firm is one of the oldest law firms in San Jose and we have board-certified specialists in California workers’ compensation law. We know what it takes to pursue the benefits you deserve and we work hard to earn and maintain your trust throughout the legal process.
Why Do Workers’ Comp Claims Get Denied?
Employers and their insurers deny workplace injury claims for various reasons. They may argue that your injury isn’t work-related, claim that you failed to report it in timely fashion or suggest that you didn’t seek appropriate medical treatment. In other cases, the insurer’s in-network doctor may claim that you don’t have a viable injury or that your injury was due to a preexisting condition. These denials can feel like a personal attack. However, it’s important to remember that these tactics are common and that you can challenge them with the proper legal support.
We can fight or appeal a denial of necessary medical treatment or an outright denial of temporary disability benefits after a work injury claim.
Understanding The Appeals Process In California
Navigating the appeals process for workers’ compensation in California can be complex. Our attorneys are well-versed in the legal protocols and the barriers that our clients commonly face. We will help you with documentation and legal support:
- Filing a claim adjudication application: This is the application you will need to submit to the California Workers’ Compensation Appeals Board (WCAB). The application should include information like your personal information, details about your workplace accident and any medical records you have on file related to your injury. It’s crucial that you file this claim as soon as possible.
- Submitting a declaration of readiness to proceed: This is the document you file to request a hearing with a California workers’ compensation appeals judge. When filing this document, it’s important to include information about the denied claim and that you are disputing it in a good faith effort.
Once your case is set for a hearing, you will present your evidence before a workers’ compensation judge. We can guide you through this entire process and ensure you thoroughly understand the legal requirements and deadlines involved.
We Are Here To Provide Confidence And Support
You work hard. For that, you deserve to receive compensation when you suffer an injury. Sadly, employers or insurers don’t always value that hard work when they deny your claim. That’s why we utilize our years of experience and knowledge of the appeals process to fight for you. When you work with us, you know that you are working with attorneys who will always put your needs first. We can help you make critical decisions, take necessary actions at every step of the appeals process, and work with medical professionals, witnesses and other professional experts to create a strong and compelling appeal for you to obtain benefits.
Don’t Give Up – Let Us Help You Pursue Benefits
Even if your claim has been rejected, pursuing the benefits you are entitled to is still possible. We encourage you to contact us today so we can start on your appeal. You can do so by calling 408-293-4818 or emailing us through our contact form.
We work on a contingency basis, meaning you only pay if we successfully secure your benefits.