Most California employees qualify for workers’ compensation benefits after sustaining workplace injuries. However, the process can be complicated and fraught with obstacles, making denials common. It is vital to realize that a denial is only an initial decision, and workers have the right to dispute these denials. Doing so may be necessary to collect on your workers’ compensation claim.
You do not have to hire an experienced workers’ compensation attorney to collect benefits or appeal decisions. However, having a well-versed attorney could prevent unnecessary delays in the appeals process and increase your chance of a favorable resolution. Contact a Van Nuys workers’ compensation appeals lawyer from our firm if you need assistance.
If an insurer denies your workers’ compensation claim, the first step for appealing is requesting a hearing with a workers’ compensation judge in Van Nuys. These judges do not preside over trials, but they can be beneficial in determining if your appeals case is ready for a trial. They can also issue decisions in your favor, which can expedite the appeals process.
One of the main reasons insurers use to deny claims is a lack of medical evidence. Of course, with workers’ compensation rules, your employer can designate your treating doctors. They are hardly neutral. Getting you to a neutral doctor for an independent evaluation is vital to the dispute process. Our firm could help you request an evaluation by a neutral doctor. A Panel Qualified Medical Examiner certified by the state can provide an unbiased evaluation in disputed cases like a denial.
When a case is denied, the workers’ compensation insurance company will not cover treatment costs. You might not know that when your employer’s workers’ compensation insurer denies your claim as even private insurance may refuse treatment. Delaying treatment not only prolongs any pain you may be experiencing but can also lead to irreversible damage.
Our Van Nuys lawyers could help you find a doctor who understands workers’ compensation and can treat you immediately while we work on an appeal. The doctor will file a lien against the insurance company to collect their payment, so you will not have to pay out of pocket.
You can still request a trial if the initial appeals hearing does not go in your favor. During the trial, the judge will hear arguments from both sides regarding whether the case should be accepted or remain denied. Before deciding, the judge will listen to your testimony and review all evidence. If they disagree with the insurer’s decision, they will allow your claim.
The dispute process builds upon itself. While you can always hire an attorney at any stage in the process, the earlier you seek representation, the more likely you are to get a favorable and speedy resolution. A Van Nuys workers’ compensation appeals attorney from our firm could present your case effectively to the judge and help keep you from making mistakes in the dispute process.
Workers’ compensation claims function differently than personal injury lawsuits. There are limits on how much a worker can recover, which incentivizes you to settle disputes. Settlements can result in faster payments, allowing you to get the treatment you need and helping prevent financial destruction to you and your family.
Our firm has extensive experience in negotiating settlements. Having a Van Nuys workers’ compensation appeals attorney on your side ensures you secure a settlement that is in your interests. An attorney also protects your rights by thoroughly reviewing the settlement documents.
If you sustain injuries on the job and are denied benefits, it is not the end of the road. Workers’ compensation claim denials are common, and many appeals have been successful. You have at least two opportunities to dispute the decision, and we have various strategies to contest the initial denial.
A Van Nuys workers’ compensation appeals lawyer could help negotiate a settlement or fight through the entire dispute process. Contact Glauber Berenson Vego to schedule a consultation today.