Los Angeles Work Comp: Denied claim

A workman's compensation claim denial just isn't something to take gently. It could affect your life as well as the lives of your love ones. A denied claim generally begins with a letter from the Workers comp insurance company letting you know of the decision. What this means is that they feel that your injury is not covered by Workmans compensation. If you get this letter denying your claim, you have the right to challenge the decision. Below, I will discuss the steps you will have to take if you don't agree with the claim examiner decision. If you want to object to the insurance company's decision, you will have to file a case at your local Branch Work comp office or DWC office. Offices similar to this are used to handle questioned Workers' compensation claim through a judge who will make a final decision on the denial of your claim.

Just how do i file my case? Before you can bring your case to a Workers compensation judge, you will have to file an Application for Adjudication of claim. The application must be filed at your local DWC office or in the county where you got injured. Don't forget to serve all parties a copy of the Application. In the beginning the only party involved is the insurance company but don't be surprise if the list gets pretty big. After your application has been properly filed, you will receive a case number from the DWC. Your case number will begin with the letter "ADJ" followed by numbers. Please use this number on all documents related to your claim. Getting a court hearing The following step is filing a Declaration of Readiness to proceed pleading with the board. This pleading is requesting that the court hear your case. Your case will then be scheduled for a mandatory settlement conference.

{What can I expect at the hearing?|What will happen at court hearing?"

You will appear in front Judge along with the claim administrator or their attorney. The judge will attempt to assist both parties to reach an agreement. However, if an agreement is not feasible with the insurance or their lawyer at the Mandatory Settlement Conference. The judge will schedule a trial. After hearing both side, the judge will deliver a written decision that will be sent to you by mail. You will have to wait approximately 30 to 60 days after the trial to get the decision. In the event you don't agree with the judge's decision, you will want to file a Petition for Reconsideration. Prepping for a trial is not an easy task. This calls for of extensive discovery for evidence, for example, medical reports, deposition and cross examining doctors.Some of these thing require a deep pocket which most injured workers don't have. You also have to take into consideration the law and rules of practice. It is not recommended to go to a trial without legal expert. A denied claim is an inexpensive way for the insurance company to eliminate your work comp claim. This practice is normal from claim adjusters. They're betting that in a lot of cases the injured worker will shun confrontation and not retain the services of a legal professional. This saves them millions of money in medical expenses and litigation. Don't let them take the benefits you are entitled too. Hiring a professional Workers compensation attorney that can secure your best interest and get you the proper treatment can make a big difference in the long run. In addition, a lot of workers comp specialists will do free consultation and you do not pay unless they win. Really what are you waiting for? Lawyer up.

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