Denied Case? CJ Smith Law won over $240,000 for a health care worker after being denied! 
This case presented a challenge because the worker sought legal help after she quit. Then to compoud it, her treating doctor denied her work injury. The worker was desperate. She quit over Christmas because her chronic back strain from moving patients had flared up, and she was unable to return to work after the holidays. Realizing she could not sustain the strenuous nature of the job, she emailed her employer her notice. After that she filed a claim for work injury. However, because she filed her claim after quitting, the insurance denied her claim. Even the first doctor she saw, denied her injury. The case was an uphill battle, but Smith Law went into action. It got her the medical treatment she needed, her disability payments, and a final settlement in excess of $200,000.
CJ Smith law will fight for your rights and make sure you recover your work comp benefits.
Call/Text 559 320 7028
Email: jolleysmith1@gmail.com
Why Workers' Compensation Claims Are Denied
- your injury was not work-related (either it wasn't caused by activity on the job or it didn't happen during work-related duties).
- Your injury was due to your work for another company.
- You do not need medical treatment to recover for your injury.
- You do not need time off work because of your injury.
How to Fight a Denial of Your Workers' Comp Claim
n California, you can appeal a denial of claim by requesting a hearing in front of your local Workers' Compensation Appeals Board judge. At the hearing (which is like an informal trial), the judge can hear both sides of the case and make a decision on whether the insurance company must accept your workers' comp claim.
To get the insurance company to accept your workers' comp claim, you'll need to request a hearing before the Workers' Comp Appeals Board (WCAB). Since your dispute with the insurance company is over whether your claim is "compensable" — that is, whether your injury is covered by worker's comp and whether the insurance company has liability for the claim, yours will be a "trial on the preliminary issues."
In order to request this hearing before a WCAB judge, you (or your lawyer) will need to file a form called a Declaration of Readiness to Proceed (DOR). Before you file this form, however, you need to have filed an Application for Adjudication of Claim, which is part of fling your official claim and gives you a worker's comp case number.
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At CJ.Smith we exclusively represent individuals. We do not represent large corporations or insurance companies. This focus allows us to concentrate our efforts on seeking workers compensation benefits for injured workers throughout the San Francisco Bay Area. If you have been injured on the job, you may be able to receive compensation for:
Medical Treatment
Temporary and Permanent Disability
Job Training
When insurance companies try to deny or delay workers' compensation benefits, our
are ready to help. We are formidable legal advocates who know how to
counter the tactics of employers and insurance companies. We help
clients with all aspects of benefit claims, appeals and litigation. We
are also genuinely concerned for the plight of injured workers. We offer
every client exceptional legal representation as well as personal
service and attention.
