DENIED, DELAYED OR DISPUTED WORKERS’ COMPENSATION CLAIM
If you receive a notice of denial of your workers’ compensation claim from your employer’s insurance company, we will challenge and object to the denial on your behalf. To have a valid objection or challenge to the denial of your claim, the proper documents must be timely filed with the Workers’ Compensation Appeals Board(1). Sometimes it is necessary to file for a hearing to get your case before a Judge to win the challenge to the insurance company’s denial. If your claim is denied, please contact Rawa Law Group APC right away so that we can take the necessary steps to protect and assert your rights as an injured worker.
If your claim has been denied by the claim adjuster but has not yet been filed then you must file an Application for Adjudication of claim with the WCAB right away. Filing the claim with Workers Compensation Appeal Board will allow a trial judge to hear your case and render a decision on the disputed issues. Rawa Law Group can assist and represent you in filing the claim to make sure all of the facts, issues and body parts injured in the accident are properly listed.
Example: While carrying a heavy box at work, you trip and injure your shoulder. Later, you start feeling some numbness and tingling going down your arm all the way to your fingers. To properly file the claim to protect your legal rights, you need to include the shoulder, arm, and fingers as body parts.
For a free consultation to discuss your rights as an injured worker, contact Rawa Law Group at 866-200-1212. Read more about discrimination against injured worker.
TO HAVE A WORKERS’ COMPENSATION APPEAL BOARD JUDGE HEAR YOUR CLAIM ON DISPUTED ISSUES
To request a hearing, you need to file a Declaration of Readiness to Proceed (DOR). There are different types of hearings you can request. The type of hearing you need to request depends on the type and nature of the dispute between you and the insurance carrier.
At the hearing, the Workers’ Compensation Judge will hear and discuss the case with all parties who are present at the hearing, and assists them in reaching a resolution of the issues in the case. In some situations, if the dispute is not resolved, the trial judge will schedule the case for trial. To prepare for trial, all document exhibits need to be prepared, all disputed issues must be outlined, and the names of all witnesses who will testify on behalf of each party must be identified in the pre-trial Statement.
The trial will be held before another judge. You and all your witnesses must attend the trial to testify on your behalf. The testimony of all parties including you, along with the testimony of all other witnesses and all exhibit documents will be admitted on the record. Between 30 and 90 days after the trial is ended, the trial judge will issue his written decision which will be mailed to all parties. If any of the parties disagree with the trial judge’s decision, the disagreeing party should appeal the decision by filing a Petition for Reconsideration.
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