A denied workers' comp claim can feel like a door slamming shut. You're hurt, you may be missing paychecks, and now the insurance company says it won't pay. But a denial is not the final word. It's the insurance company's decision, and in California you have the right to challenge it.
This page explains why claims get denied, what to do right away, and how to fight back. Rodich Law helps injured workers with denied claims across Southern California, including Los Angeles, Ventura, Orange, Riverside and San Bernardino counties, from our office in Woodland Hills. Call (818) 888-3000 for a free review of your denial.
Insurance companies deny claims for many reasons. Some are real problems, and many can be fixed. The most common reasons include:
The reason for your denial letter tells you what you need to prove. That’s the starting point for fighting back.
Usually, your employer doesn’t decide. In California, almost every employer must carry workers’ comp insurance, and in most cases the insurance company or its claims administrator decides whether to accept or deny your claim. Your employer can share its side of the story, and sometimes it disputes your claim, but it can’t simply refuse to let you file.
Not sure who covers your employer? California employers must post a notice at work listing their workers’ comp insurer. You can also look up an employer’s coverage online through the state’s insurance rating bureau.
Tell a lawyer if your employer:
These can hurt your claim if you wait, and some are illegal. Not sure your injury is covered at all? Read do I qualify for workers’ comp.
Once you turn in your claim form, the insurance company has 90 days to accept or deny your claim. If it doesn’t deny it within 90 days, the law presumes your injury is covered. After that, the insurance company can only overcome that presumption with evidence it couldn’t have found within the 90 days.
For certain public safety workers, like firefighters and police officers with some types of injuries, the deadline is even shorter: 75 days.
This is why the date you turned in your claim form matters. Keep a copy of your signed form and proof of when you gave it to your employer.
If your claim is denied, the insurance company or claims administrator must tell you in writing. This letter is one of the most important papers in your case, because it tells you exactly what you need to prove. Read it slowly, and more than once.
Not every letter is a denial. If the insurance company needs more time to investigate, it may send a delay letter instead. A delay letter should explain what information is still needed and when a decision will be made. Remember the 90-day rule: if the insurance company doesn’t deny your claim within 90 days of when you turned in your claim form, the law presumes it’s covered. Keep every delay letter, since the dates can matter.
A partial denial is easy to miss. Read the letter closely to see which body parts and which benefits were accepted and which were denied.
What the letter says | What it usually means |
|---|---|
“Did not arise out of or occur in the course of employment” (sometimes “AOE/COE”) | They say your injury didn’t happen at work or wasn’t caused by your job. |
“Insufficient medical evidence” | Your medical records don’t yet connect your injury to your job. |
“Pre-existing condition” | They blame an old injury, not your job. |
“Post-termination claim” | You filed after being fired or laid off, so special rules apply. |
“Not an employee” | They say you’re an independent contractor. |
“Failure to report timely” | They say you waited too long to report the injury. |
Sometimes the letter doesn’t deny your whole claim. It only denies a specific treatment your doctor asked for, like surgery, an MRI or more therapy. That’s called a utilization review decision, and it follows a different path. You have only 30 days to ask for Independent Medical Review. Learn more in the workers’ comp appeal process.
What you do in the first few weeks after a denial can make a big difference. Here’s what to do:
In most cases, you have one year from the date of your injury to file a case with the Workers’ Compensation Appeals Board. That deadline can be different if you’ve already received benefits, so don’t guess. When you’re ready to challenge the denial, see the full workers’ comp appeal process.
This is one of the biggest worries after a denial. Here’s how it usually works:
If you get bills for your work injury, don’t ignore them. Keep copies and bring them to your lawyer.
If workers’ comp won’t pay your disability checks, you may be able to get State Disability Insurance (SDI) from California’s EDD while you fight the denial. If you later win your workers’ comp case, the EDD may be paid back from your workers’ comp benefits, so you don’t get paid twice for the same time off. Learn more about workers’ comp benefits.
Every denial has a reason, and every reason has an answer. When you bring us your denial, we:
Gary Rodich spent the early part of his career working for insurance companies before he switched sides to represent injured workers. He knows how adjusters build a denial, and how to take one apart. He has also served as a judge pro tem.
Gary Rodich is a Certified Specialist in Workers’ Compensation Law, certified by the State Bar of California Board of Legal Specialization. Learn more about our attorneys.
See more case results and client testimonials. Past results don’t guarantee the outcome of a new claim. Every case depends on its own facts.
Rodich Law focuses exclusively on workers' compensation, helping injured workers protect their rights and pursue the benefits they deserve. We represent workers across a wide range of industries and workplace injuries.
You can challenge it. A denial is the insurance company’s decision, not a judge’s, and in California a workers’ comp judge can overrule it.
Right after a denial, the insurance company usually stops paying for treatment and disability checks for the denied parts of your claim. In the meantime, you can often keep getting care through your own health insurance, and you may be able to get State Disability Insurance (SDI) from the EDD while you fight the denial.
From there, a denied claim usually moves forward in one of these ways:
If the denial is overturned, you can get the benefits you should have been paid, including back pay for missed disability checks, and the insurance company may owe penalties for unreasonable delays. In most cases, you have one year from your injury to file with the WCAB, so don’t wait. See the full workers’ comp appeal process.
In California, workers’ comp insurance companies most often deny claims because they say the injury wasn’t caused by work, there isn’t enough medical evidence, or the injury was reported too late. The most common reasons for a workers’ comp denial are:
The insurance company must give the reason for the denial in writing, in your denial letter. Many of these reasons can be challenged with better medical evidence, witness statements or proof of when you reported the injury.
In California, the workers’ comp insurance company has 90 days from the date you turn in your claim form (DWC-1) to accept or deny your claim. If it doesn’t deny the claim within 90 days, the law presumes your injury is covered, and the insurance company can only overcome that with evidence it couldn’t have found within the 90 days.
Tip: keep a copy of your signed claim form and proof of the date you gave it to your employer. That date starts the 90-day clock.
They can deny or stop specific benefits, like certain treatment or disability checks, even after accepting a claim. Each of those decisions can be challenged too.
Yes. If your claim is denied, you can get care through your own health insurance or doctor. If you later win, the workers' comp insurance company can be required to cover that care.
It depends mostly on the medical evidence and the reason for the denial. Late reports, short medical records and conflicting doctor opinions make cases harder. Strong medical evidence and witnesses make them easier.
The law doesn't require one. But once a claim is denied, you're in a legal dispute with an insurance company that has its own lawyers. A lawyer can gather the evidence, handle the forms and deadlines, and represent you before a judge. Learn how a workers' comp attorney can help you.
Usually not. Workers' comp is normally your only claim against your employer, even after a denial. The way to fight a denial is through the workers' comp system. If your employer didn't have workers' comp insurance, different rules apply.
No. California law protects you from being fired or punished for filing or pursuing a workers' comp claim. If it happens, you may have a claim for wrongful termination.
It shouldn't be. California workers' comp covers injured workers no matter their immigration status, and your status can't be used to deny your benefits. Lea más en español.
You deserve a second look at your claim, and the insurance company won’t give you one. Rodich Law can review your denial for free and tell you where you stand. We help injured workers across Southern California from our office in Woodland Hills. Call (818) 888-3000 or contact us online.
Learn more about the workers’ comp appeal process, workers’ comp benefits and your rights as an injured worker.
Workers' Compensation