Building a Strong Case After a Workers’ Compensation Denial

Even after a Workers’ Compensation denial at the initial hearing or appeals board, you still have options to fight for the benefits you deserve. Understanding the next steps and how to present a strong case is essential to maximizing your chances of success.

Appeal to the Court of Appeals

If your case does not succeed at the Workers’ Compensation Appeals Board level, you may still have additional legal options available. Finally, once you have exhausted your options for appealing within the Workers’ Compensation system, you are able to appeal to the California District Court of Appeals that has jurisdiction in your geographic area. If that appeal is unsuccessful, you can appeal that to the California Supreme Court.

At this phase, you will also have to demonstrate why the past decisions made by the WCALJ and the WCAB were not correct.

Appealing is the best option when your Workers’ Compensation claim is denied. Here’s what you need to know about fighting for your benefits.

Meeting Deadlines and Requirements

At every phase of the appeals process, you have a limited time to take action. The deadlines vary depending on where you are in the litigation process. The employer or the insurance company must advise you of the time to file a claim when you receive your denial or decision.

Missing these deadlines may mean losing the chance to appeal, so you should work with an experienced attorney to ensure that you act within the allowable time to protect your rights.

Presenting a Strong Case

When you pursue a claim with a WCALJ or on appeal, you need solid evidence that the employer or insurer was not correct in denying your claim, or you need solid evidence that the WCALJ or Workers’ Compensation board acted improperly in affirming that denial.

Expert testimony may be required, as well as documented proof of your medical issues from a trained medical professional. An experienced Workers’ Compensation lawyer can help you gather the evidence you need to appeal successfully.

Lerner, Moore, Silva, Cunningham & Rubel

The attorneys at Lerner, Moore, Silva, Cunningham & Rubel have been representing the rights of injured workers for nearly 50 years. All of the attorneys have decades of experience and may also be certified specialists in Workers’ Compensation. Our attorneys and staff can assist you at every stage of the claims process. We will help you find an appropriate treating doctor. We will make sure you receive an income while you are unable to work due to your injury. We will aggressively litigate to stop unreasonable and bad-faith delays caused by the insurance company.

Contact Our Victorville Workers’ Compensation Lawyers at Lerner, Moore, Silva, Cunningham & Rubel to Learn More

Maximize your chances of success—reach out to our experienced team. Our Victorville Workers’ Compensation lawyers at Lerner, Moore, Silva, Cunningham & Rubel will help you. Call 909-889-1131 or contact us online for a free consultation. Located in Ontario and Victorville, California, we serve clients in San Bernardino County, Ontario, Victorville, Hesperia, Apple Valley, Fontana, Rancho Cucamonga, Colton, and Riverside County.