California Employment Law
California Employment Law Questions Answered by Legal Experts
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if your workers comp claim was denied, you can either 1. refile with a doctors note or record relating your injury to an activity at work, or 2. Hire an attorney to take care of all of this for you.
If you are injured at work, or as a result of work, you are entitled to workers compensation benefits.
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If you decide to hire an attorney, a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys prior to selecting the one you feel most comfortable with.
A workers compensation attorney in a case like this would take your case on contingency which means that you would owe nothing out of pocket.
The Doctors note would need to state as a result of the events on x date, or as a result of (whatever happened to you at work) you suffered y injury.
You just need some medical statement that would link your injury to something that happened at work.
Basically, you need to find out why your claim was denied. Then have a doctors note which directly contradicts the reason you were denied
If your claim is denied, and you are not able to convince the adjuster that you have a valid claim, then you will need to file for a hearing at the Workers' Compensation Appeals Board in order to fight for further medical treatment, temporary total disability benefits and other benefits.
However, most of the time, you can get an adjuster to reevaluate your claim if you can provide them with proper medical documentation
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