Receiving a denial letter after a workplace injury is frustrating—and more common than it should be. Many workers’ comp insurers are private companies, and denying or minimizing claims is one way they increase their bottom line. Our experienced Pasadena workers’ compensation denial lawyer could help you explore your options.
At Oktanyan Law Firm, APC, helping injured workers is our workers’ compensation attorney’s sole focus, and no case is too big or small for us to handle. Whether your case is relatively straightforward or highly complex, we have the skills, experience, and knowledge you are looking for in a law firm.
What Are the Reasons for Claim Denials, and Can You Appeal?
The denial of your claim may have nothing to do with its validity. Some of the most common reasons for claim denial include:
Late Reporting
Failing to notify your employer of your injury within 30 days can give the insurer grounds to deny your claim.
Disputes Over Work-Relatedness
The insurance carrier may argue that your injury did not occur on the job or did not result from your work duties.
Missed Deadlines
State law requires you to file your claim within one year of the date of injury, and missing this critical deadline can permanently bar your claim.
Lack of Medical Evidence
Without proper documentation from a treating physician, the insurer may claim there is insufficient proof of your injury.
Pre-Existing Conditions
Insurers commonly argue that a worker’s injuries stem from a pre-existing condition instead of a workplace accident.
Employer Disputes
Your employer may contest the circumstances of your injury, triggering a formal investigation
Thankfully, you have the right and opportunity to appeal a denied claim, though it is important to understand that the stakes are high and the process is complex. If you have not already hired legal representation, this is the moment it becomes critical.
As part of getting you back to your life in Pasadena, our dedicated attorney could help you fight for approval of your rejected workers’ comp claim throughout the appellate process.
Understanding Your Options for Appealing a Denied Work Injury Claim
The state’s workers’ compensation system provides multiple levels of appeal, so if your Pasadena claim receives an initial denial, you may still be able to receive the benefits you deserve, especially with guidance from our lawyer.
Here is a broad overview of the process:
Submitting a Petition for Reconsideration
The first level of appeal takes place before the Workers’ Compensation Appeals Board (WCAB). You will need to file a Petition for Reconsideration, which is due within 20 days of a judge issuing a decision. A panel of three WCAB commissioners will review the record and determine whether the judge made an error of law or fact. This step is not optional, and you must generally complete it before you pursue any further appeal.
Court of Appeal
If the WCAB denies your petition, you may seek a writ of review from the California Court of Appeals. At this level, the court does not re-examine the facts of your case. Instead, it reviews whether the WCAB acted within its authority and followed the law correctly. This is a technical and demanding stage of litigation that requires experienced legal representation.
Supreme Court
In rare circumstances, a party may petition the California Supreme Court to review the decision. The Supreme Court has full discretion over which cases it accepts and takes on only those that involve significant legal questions. Most cases do not reach this level.
Regardless of where your case is in the process, skilled representation matters at every stage. Each level of appeal comes with strict deadlines, procedural requirements, and a higher burden of legal precision. A missed deadline or procedural error can result in you losing your right to appeal entirely.
Call Our Pasadena Attorney for Help Appealing Your Denied Workers’ Comp Claim
At Oktanyan Law Firm, APC, we focus exclusively on workers’ compensation law. Our Pasadena workers’ compensation denial lawyer could handle every stage of the appeals process with the aggressive, detail-oriented representation your case demands.
If you need help appealing your rejected claim, contact our office today to schedule a free initial consultation.