What if my employer denies my workers' compensation claim?

If your employer denies your workers’ compensation claim, then you may have the right to appeal. In California, you have the right to file a claim for workers’ compensation benefits if you are injured on the job. However, if your employer denies your claim, you can file an appeal. The first step in appealing a denied claim is to file a Declaration of Readiness to Proceed (DOR) form. This form allows you to notify your employer that you intend to pursue an appeal through the workers’ compensation appeals board. You will need to submit the form to your employer within one year of receiving the denial. Once your appeal is filed, a hearing will be scheduled before an administrative law judge. At the hearing, you will need to present documents and evidence in support of your claim. You may also be able to call witnesses or experts to testify on your behalf. The judge will then make a ruling on your claim, which can be appealed within 30 days if you disagree with the ruling. If you still disagree with the ruling after the appeal, you may be able to take your case to court. However, it is important to note that the court will only consider issues that were addressed in your initial hearing. It may seem daunting to appeal a denied workers’ compensation claim, but it is important to remember that you have the right to pursue an appeal if your employer denies your claim. By filing the DOR form and attending the hearing, you can demonstrate that you understand the process and are fighting for the compensation that you deserve.

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