Bakersfield Workers’ Compensation Denial Lawyer

If you were injured at work, you may be eligible for workers’ compensation benefits. However, the fact of sustained injury is not a direct confirmation of your rights to damages recovery. You must prove your eligibility through supporting documents. Unfortunately, the compensation may still be denied.

An experienced Bakersfield workers’ compensation denial lawyer could help you understand the reasons for denial and assist you through an appeal. Together, you can fight for fair workers’ compensation.

Common Reasons for Workers’ Comp Claim Denials

Many workers’ compensation claims end in denials because of mistakes made by the injured party. Some of these reasons are:

• Failure to Report the Injury on Time: Insurers often deny claims if the injury was not reported within the required timeframe. In California, the injured worker has 30 days from the date of the incident that caused the injury to report it. However, some exceptions exist.
• Insufficient Medical Documentation: The injured worker must provide comprehensive records linking the injury to the workplace incident. If they fail to do so, the claim may end in a denial.
• Disputed Cause of Injury: If the insurance company believes the injury did not occur at work or was caused by a pre-existing condition, they may challenge the claim’s validity.
• Contradictory Statements: If the injured worker’s account conflicts with reports from others, the insurers may see it as a red flag and deny the claim.

An experienced attorney in Bakersfield could help identify the reason for the workers’ compensation denial and provide advice on how to handle the next steps.

How to Appeal a Workers’ Compensation Decision

Appealing a workers’ compensation decision is not a simple process. However, with legal assistance, the injured person can go through the necessary stages and achieve the desired outcome.

The first step in the appeal process is filing an Application for Adjudication of Claim. This claim opens a case in the local Workers’ Compensation Appeals Board (WCAB). The application should be filed in the county where the worker lives or where the injury happened.

Then, to get a chance to argue the case in front of the judge, the worker needs to file a Declaration of Readiness to Proceed. At the hearing, the injured worker and their attorney would have to present the case and discuss options for receiving a settlement. If an agreement is not reached at this point, the judge will schedule a trial date.

Why Hire an Attorney

Even if the workers’ compensation case is straightforward, the insurance company or the employer can find opportunities for denial. To appeal the decision, the worker may need to go to trial. The process can take weeks or even months.

An experienced workers’ comp denial lawyer in Bakersfield could help navigate the complexities of the appeal. They can help build a strong case and argue for fair compensation.

Discuss Workers’ Compensation Denial with an Experienced Bakersfield Attorney

If your workers’ comp claim was denied, you may have the right to appeal the decision. To do that properly, you must work with our Bakersfield workers’ compensation denial lawyer. Since the denial process is complicated, it is easy to make mistakes. With our skilled legal team defending your rights, it is possible to achieve the desired results.  

At Levin & Nalbandyan, we have handled many workers’ compensation appeals successfully. Call to discuss your case today.