Butler Viadro, LLP
Call now: Your first consultation is free
Local: 510-907-9577
Toll free: 888-353-2158
Comprehensive Legal Help After An Injury

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.

No Comments

Leave a comment
Comment Information

Start Your Recovery Today

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

email us for a response

Office Location

Butler Viadro, LLP
414 13th Street, 7th Floor
Oakland, CA 94612

Toll Free: 888-353-2158
Phone: 510-907-9577
Fax: 510-287-2401
Oakland Law Office Map