If you have requested workers’ compensation and had your claim denied, you may be struggling with feelings of confusion or panic. However, there is an appeals process that you may be able to utilize, and you might not need to deal with the process alone. What does the appeals process for denied workers’ compensation entail? And how can you get help?
At Blackstone Law, we have extensive knowledge and experience with employment law. Our team has assisted many clients in protecting their rights and receiving the compensation they rightfully deserve, even if their claims have been initially denied. If you want to learn more about the appeals process, please continue reading for our complete breakdown.
What Steps Are There in the Appeals Process for Denied Workers’ Compensation Claims?
After receiving a denial of your claim witnessed by a workers’ compensation judge, you must file a motion for reconsideration to start the appeal process. In California, you must file this motion to the Workers’ Compensation Appeals Board (WCAB) and mail it to one of the following addresses:
Workers’ Compensation Appeals Board
Post Office Box 429459
San Francisco CA 94142-9459
Workers’ Compensation Appeals Board
455 Golden Gate Avenue, 9th Floor
San Francisco CA 94102
Alternatively, you may send a Petition for Writ of Review to WCAB’s email at WCABWritUnit@dir.ca.gov.
From this point, WCAB will review your appeal and take some time to make a final decision. They may decide in one of the following ways:
- Deny your petition
- Grant reconsideration and make a decision
- Grant reconsideration for further proceedings
- Dismiss the petition
If your appeal is dismissed, this does not necessarily mean the petition has been denied. Your petition might be dismissed because it is too difficult for the WCAB to make a decision in a timely manner or for another miscellaneous reason.
How Long Might Your Workers’ Comp Appeal Take?
Depending on the circumstances, your workers’ compensation appeal may take many months to conclude with a final decision. The process is unlikely to finish overnight, and it may even take several months before your scheduled court hearing.
Your appeal may take longer if medical evaluations need to be conducted, further investigations must be held, and a number of other steps must be completed. If you want to ensure there are no mistakes or unnecessary delays, a lawyer may be able to help. Your lawyer may assist you by communicating with WCAB, helping you keep and remember appointments, and avoiding mistakes while completing your petition.
How Might a California Employment Lawyer Help?
If you are planning on taking legal action after your workers’ compensation claim has been denied, a qualified California employment attorney may be able to help. Your lawyer may offer assistance in several areas, including the following:
- Legal knowledge
- Negotiation tactics
- Handling insurance companies and other legal representatives
- Leveling the playing field against other lawyers
- Holding your employer accountable for unlawful actions
- Collecting and analyzing evidence
- Leading or joining investigations
- Strategizing the next best steps
- Maximizing compensation
- Referring you to medical or other professionals
- Providing you with helpful resources
- Reducing your stress levels
- Helping you return to a sense of normalcy
If you are planning on taking legal action, please refrain from representing yourself. Whether you are a plaintiff or defendant in a case, you are unlikely to accurately, effectively, and favorably represent yourself. Your lawyer is much more likely to be equipped with the knowledge, resources, and skills necessary to represent you and obtain a positive outcome for your case.
Receive Compensation With Blackstone Law’s Employment Lawyers in California
If you are looking for legal representation and would like to receive fair compensation, we at Blackstone Law may be able to help. Our employment attorneys pride ourselves in supporting clients through every step of the legal process, and we have a long history of obtaining positive outcomes and fair compensation for our clients. We may be able to assist you as well.
If you would like to discuss the details of your workers’ compensation claim and take advantage of our extensive legal knowledge, strategies, skills, and resources, we are patiently awaiting your call. To get in contact with us, please call (310) 956-4054 or complete our contact form at your convenience. We believe in protecting the rights of employees, and we may be able to help.