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What can you do if you are denied workers' compensation?

No matter what type of industry an individual works in, when they are injured, it can be a major event. Not only does the worker experience physical pain, they will also likely experience financial hardship because they are unable to work or can only work at a limited capacity. One way to offset these damages is to seek workers' compensation; however, obtaining an approval is not always easy and straightforward.

What can you do if you are denied workers' compensation? In the state of California, if a claim for workers' compensation is denied, this means that an administrator believed that the injury was not covered by the program. However, if a worker receives a denial letter, they do have the right to challenge this decision.

The worker can file an Application for Adjudication of Claim in either the county that they reside or the county where the injury occurred. In order to get a hearing before a judge, the worker must file a Declaration of Readiness to Proceed. A mandatory settlement conference will occur first, and, if a settlement is not reached, the trial will proceed. If the worker or claim adjuster disagrees with the judge's decision, a petition for reconsideration can be filed.

Applying for workers' compensation is a common step taken by injured workers. However, simply applying for these benefits does not mean one will automatically be approved. An applicant must prove that their injury is covered, and a legal professional could help an injured worker with all the necessary documentation. This can help ensure that the applicant is approved, and their rights are protected.

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