You should not give up seeking recovery for your workers’ compensation claim if it was denied after months or even years. There are still ways to pursue the benefits you deserve by appealing your claim. The workers’ compensation attorneys at Michael Burgis & Associates, P.C., are knowledgeable in employment law and will always take the time to listen to your story.
Appealing your claim is a long process with many steps, but it is always worthwhile if you get the compensation you deserve. The organizations that will be handling your claim are California’s Workers’ Compensation Board (WCAB) and the Division of Workers’ Compensation (DWC), who uphold California’s labor code while reviewing claims for compensation.
The steps to get your claim appealed are as follows:
1. Submit your application: First, you will file and submit the application for adjudication of claim to the WCAB. The application requires you to provide your basic information, including your place of employment, wages and details about your injury. The document will also give all the parties involved the ability to access necessary information to your case. You will get your case number after filing the application as well.
2. Declare you are prepared: After you have been notified that your application has been processed, you will then need to file the declaration of readiness to proceed with the WCAB. This document will outline the possible options for your case as well as instructions on moving forward. After the declaration is processed, you will receive a hearing date.
3. Attend your hearing: The WCAB will provide you with the details and directions for your hearing.
4. Not satisfied?: If after your hearing, you are still not satisfied with the result, you can file a petition for reconsideration within 20 days of the decision to have the WCAB look at your case again. Some reasons you can file a petition are if you believe the WCAB acted unfairly, if the evidence did not reasonably correlate with their decision or if new evidence has been uncovered in your case. The WCAB will either approve or refuse the appeal. They could also alter their previous decision. This step may require more hearings.
Call our offices at (888) BURGIS1 or visit our Sherman Oaks location for a free and confidential consultation regarding your denied workers’ compensation claim. You can also schedule an appointment with one of our lawyers online.
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