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Ledgerwood Law Group

Q:
What can I do if my work-comp claim is on delay or it gets denied?

A:

Unless you know what you are doing, you will get in over your head in a hurry.  You need to think about a lawyer.  Relax, we don’t bite.  The insurance company has time on their side.  If they have good reason to, they can delay your case for up to 90 days.  The carrier has to pay the first $10,000.00 of medical treatment in the delay period.  But, normally it means no temporary disability will be paid during this period.  In the mean time, you can’t work and still have bills to pay. You are going to be starved out if you don’t intelligently plan how you are going to survive this “delay” period.  I would suggest that you immediately file for State Disability (SDI).  Go to your local Employment Development Office (EDD) and get their claim form.  Fill it out and give it your doctor to certify that you are disabled.  He or she will send it on to the EDD.  With any luck, benefits will start for you in two weeks.  They can last up to one year.  If the carrier eventually “accepts” your case that’s great, you should start getting medical treatment and temporary disability.  If the carrier “denies” your application, then there is some serious legal maneuvering to be done.  In denied claims, I round up the medical evidence and get my clients ready for court.

Thomas Ledgerwood
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Proprietor Ledgerwood Law Group