Having your workers’ compensation claim denied can be a harrowing experience. It means that you will have to meet the costs of your medical treatment, and if you are unable to continue working, you will have no source of livelihood. Your financial security may be on the line.
Given that you can appeal the denial, it is important to know what to expect in the process. It will increase your chances of a desirable outcome and, most likely, overturn the decision to deny your claim. Here is what you need to know.
Before setting out, you need to know why your claim was denied. Usually, it is indicated in the denial letter. Once you have established the reasons, you can decide how to handle your appeal.
It is advisable to take swift action after your workers’ compensation claim is denied. This is because your appeal may be time-barred and dismissed if you wait too long before appealing.
For instance, under California law, you have 20 days to file your appeal in the Supreme court if your initial appeal to the workers’ compensation commission is unsuccessful.
To convince the judge that the decision to deny your claim was wrong, it may help to provide new evidence that supports your claim. You can avail updated medical records, evidence of lost wages, or other necessary documents to help your case.
Part of testifying at your hearing includes giving a comprehensive explanation of your workplace accident. The insurer’s legal team may also cross-examine you. Therefore, it is advisable to get everything right since you will be under oath when proving your testimony. Any incorrect information you give could affect your claim, so it may be wise to look over your notes so you refresh your memory of the events.
Ultimately, how you navigate the appeal will affect its outcome. As such, you need to be careful with how you handle your case to ensure you get what you deserve.
