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Appealing a Denied Claim

Sacramento Workers’ Compensation Attorneys

If you have been injured in the workplace, such injuries are generally covered by an employer’s workers’ compensation insurance package. In many states, coverage must be in accordance with the level of risk associated with a particular industry. While these requirements exist, it is possible for a claim to be denied, though this does not mean you are entirely out of options. You can still appeal the denial through your state’s board of workers’ compensation. First, it is important to understand why your claim might have been denied.

Why Your Claim Was Denied?

If your claim was denied, it is important to understand why, so you can effectively address it in your appeal. Common reasons for denial include:

  • The injury was not reported in time.
  • You missed your state’s deadline for filing the claim.
  • Your employer disputed the claim, providing a disqualifying reason for denial.
  • The type of injury you sustained is not compensable.
  • You did not obtain medical treatment.
  • There was not enough evidence to prove the injury was work-related.

These are only some of the more common reasons for denial. It is possible your claim was denied for another reason.

Appealing the Denial

When you receive a denial of workers’ compensation, you will also be provided a deadline for when you can file an appeal. The process of appeal is often quite complicated, requiring the legal assistance of an attorney adept in such matters. While the process varies from state to state, it often involves a hearing before an administrative judge. Come to this hearing prepared with any documentation related to your injury, including medical records, results of any tests, a timesheet proving you were at work when you sustained the injury, and any other pertinent evidence.

Fighting for Injured Workers in Sacramento

At Smolich & Smolich, our Sacramento workers’ compensation attorneys are dedicated to guiding people through the legal process of obtaining workers’ compensation benefits from start to finish. If your claim has been denied, we can help you navigate the appeals process and answer any questions you might have along the way.

We offer free consultations. Call us today at (916) 571-0400 to schedule yours.

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