Scot Thomas Moga Workers Compensation Law Blog on Lawyers.com

I Was Denied Workers' Compensation Benefits in California. What Should I Do?

Thursday, November 29, 2012 by Scot Thomas Moga

Workers’ compensation

Some injured workers receive workers’ compensation without many problems, and others struggle with denied claims. An experienced workers’ compensation lawyer can help employees overcome the obstacles involved with a denied claim.

The process for handling a denied workers’ compensation claim

Rancho Cucamonga workers compensation attorneys can deal with the appeals process for denied claims and negotiate settlements with insurance companies or employers to help workers receive deserved compensation.

The California Division of Workers’ Compensation oversees and manages workers’ compensation claims. Actions workers can take when they disagree with benefits or a denied claim include the following:

* Workers can request evaluation by a qualified medical evaluator (QME). A QME is a physician that has met additional requirements through education, examination and licensing. When disagreements arise about treating a physician's medical evaluations, the worker's attorney and a claims administrator can agree on using a particular QME for a different evaluation. A new medical report may resolve the difference of opinion about deserved benefits.

* Attorneys can file an Application for Adjudication of Claim, which allows the worker to have a hearing with a judge. At the hearing, the employee's attorney presents the client’s side of the case and the judge also listens to opposing counsel's arguments. If both sides cannot reach a settlement, then the judge schedules the case for trial before a different judge to rule on the case.

* If the trial ruling is still unacceptable, the worker's attorney can file an appeal, called a Petition for Reconsideration.

When an attorney discovers that an employer’s negligence caused the worker’s injury, pursuing a lawsuit may offer a greater advantage than a workers’ compensation claim — and provide more compensation through an injury lawsuit. An experienced workers’ compensation lawyer can evaluate the case and advise the best course of action.

Rely on an experienced workers’ compensation attorney

The Moga Law Firm handles workers’ compensation cases throughout Rancho Cucamonga and San Bernardino County by assisting with filing claims, handling appeals and taking cases to trial.

Moga Law Firm

1365 West Foothill Boulevard, Suite 2

Upland, California 91786

Phone: 909.257.0819

Synopsis: Rancho Cucamonga workers’ compensation attorneys can deal with the appeals process for denied claims and negotiate settlements with insurance companies or employers to help workers receive deserved compensation. Actions to resolve denied claims may involve evaluation by a qualified medical evaluator, an Application for Adjudication of Claim, a settlement, trial or Petition for Reconsideration.

Posted at 15:43 PM

Topic: Workers Compensation