Los Angeles Work Injury Attorneys
Denied Claims

Denied Workers’ Compensation Claims

Our Los Angeles Workers’ Compensation Attorneys Can Help

Was your workers’ compensation claim denied? Don’t lose hope! Hinden & Breslavsky can help you explore your legal options and determine if you are eligible to appeal the claims administrator’s denial. If so, our Los Angeles workers’ compensation lawyers can help you take the necessary steps to file your appeal and seek the full, fair benefits you are owed.

Contact us right away for a free, confidential consultation. Call (323) 553-7560 to get started.

Appealing a Denied Workers’ Comp Claim in California

If your workers’ compensation claim was officially denied (as opposed to refused by your employer), it means that the claims adjuster who handled your claim determined that your injury/illness was not covered by workers’ comp insurance. However, remember: An insurance adjusters’ primary goal is to limit the amount they have to pay out; he or she is not on your side. Just because your claim was denied does not mean that you are not eligible for workers’ compensation benefits.

California law allows you to challenge a workers’ compensation claim denial. You will need to follow a certain process to do so, and our Los Angeles workers’ comp attorneys can help.

In order to appeal your claim denial, you will need to do the following:

  • First, you will need to file an Application for Adjudication of Claim with the DWC office in your county of residence (or the county in which your injuries/illness occurred).
  • Next, you will receive confirmation from the DWC office that your application has been received, as well as an assigned case number. Keep these documents.
  • If you wish to request a hearing before a judge, you will need to file a Declaration of Readiness to Proceed. You will then be scheduled for a Mandatory Settlement Conference hearing.
  • At the hearing, both you and the claims administrator (and/or your attorneys) will need to be present. The purpose of the MSC hearing is to reach a settlement agreement.
  • If a settlement agreement cannot be reached at the MSC hearing, the judge will schedule a date for your trial, which will go before another judge.
  • After the trial, the judge will send you his/her decision regarding your case by mail, typically within 30 to 90 days.
  • If you wish to object to the judge’s decision, you may file a Petition for Reconsideration, which will prompt a review of the decision.

At each stage of this process, you will be required to complete and submit various documents and applications, and you may need to gather and prepare evidence, including medical records. Our attorneys can assist you with everything involved in appealing your denied workers’ compensation claim.

What If You Disagree with Your Doctor’s Assessment of Your Injuries?

Often, workers’ compensation claim denials are triggered by the treating physician’s assessment of the injured worker’s injuries/illness. If you disagree with your doctor’s reports regarding your injuries or condition, you can choose to be seen by a Qualified Medical Evaluator (QME). QMEs are physicians who have met certain requirements, including additional education and licensing, and who have passed a workers’ compensation evaluation process test. QMEs are also required to attend ongoing training and education in the area of workers’ compensation.

If you disagree with your doctor’s assessment of your injuries, our workers’ compensation lawyers can help you resolve the dispute through the use of a QME or AME (Agreed Medical Evaluator). We can also help you navigate the independent medical review process.

Contact us online or call (323) 553-7560 for a free consultation with one of our Los Angeles denied workers’ comp claim attorneys.

Hear What Our Clients Say

  • “Not only are they the most dedicated to making sure our injured workers get the help they need, but they are greatly educated when it comes to the laws of workers comp.”

    - Melissa W.
  • “I finally have a resolution and can move on with my life and work on getting myself as back to normal as possible.”

    - Steve M.
  • “They are incredibly professional, patient and attentive and will fight until they get the best possible result.”

    - Lana B.
  • “The firm of Hinden and Breslavsky deserve a 5-star rating and I highly recommend them to everyone in need of legal counsel!”

    - Gloria H.
  • “They will get you your disability benefits as much as allowed under the law and they will never sell out.”

    - Arturo V.
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Why Choose Our Firm?

  • Multilingual Firm

    We offer services in English, Spanish, Russian, Hebrew & Farsi.

  • Aggressive Advocacy

    Our team will vigorously advocate on your behalf so that you can put all of your attention into your health.

  • Team-Based Approach

    When we represent you, all of our dedicated professionals will be behind your case.

  • Experience & Dedication

    With more than three decades of experience, we know what strategies are most effective for obtaining maximum compensation for our clients.

We Don't Just Seek Compensation We Strive to Help You Restore Your Dignity & Self-Esteem

At Hinden & Breslavsky, we will walk you step by step through the entire process and make sure that any questions you have are answered promptly.

Call (323) 553-7560 Now!