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Denied Workers Compensation Claim Attorney in Washington State

Denied Workers Compensation Claim Attorney in Washington State

Qualified Compensation Attorneys Pursue All Available Avenues to Fight for Benefits on Behalf of Injured Workers Whose Workers Comp Claims Have Been Denied in King County, Lewis County, Pierce County, Thurston County, and Throughout WA

Workers’ compensation claims and requests for benefits are denied on a daily basis. In some cases, claims are denied because a worker does not qualify for benefits. However, in other cases, workers’ comp claims are denied because claims managers overlook important facts, or because a workers’ comp claim was filed with insufficient information. When this occurs, an injured worker can challenge the denial of their claim. A denied workers compensation claim attorney in Washington state can help you to continue pursuing your rights after your workers’ comp claim has been denied. 

At Smith Duran Law, our attorneys tenaciously advocate for the interests of our clients who are recovering from workplace injuries or occupational illness. We know the difficulties that many hard-working individuals face in trying to overcome obstacles to get insurance benefits and medical care. That’s why we will not rest until we have obtained justice for you. Reach out to us for a free initial case review to discuss the next steps to take with a denied workers compensation claim attorney in Washington state from our firm. We are ready to help you secure the financial benefits you deserve for a work injury or occupational illness. 

The Process of Protesting or Appealing a Denied Workers Compensation Claim

When the Washington State Department of Labor & Industries makes any decision on your workers’ compensation claim, including denying your claim outright, fixing the amount of your wage loss replacement benefits, denying authorization for proposed medical treatment, or terminating your benefits, you and your doctor have the right to protest or appeal L&I’s decision. Your employer also has the right to protest or appeal any L&I decision that may be adverse to your employer’s interests. 

You, your doctor, and your employer have two routes for challenging a L&I decision on your workers’ comp claim:

A written protest of an L&I decision takes the form of a letter to the claims manager that issued the decision. The letter should include:

  • What decision you are protesting
  • The date that you received notice of the decision
  • The grounds on which you are challenging the decision

If you timely file your protest, L&I will issue another decision that affirms, modifies, or reverses the original decision.

Instead of filing a protest against an L&I decision, you also have the option of appealing the decision directly to the BIIA. A notice of appeal to the BIIA should include:

  • Your name and claim number on every page of the appeal document
  • The description of the decision or order that you are appealing
  • The date of the decision or order being appealed
  • The basis of your appeal, or the reasons why the original decision was erroneous
  • The city in which you would like the appeal proceedings to take place
  • Your contact information

After receiving your notice of appeal, the BIIA will afford L&I an opportunity to reconsider the original decision. If L&I declines to reconsider, the BIIA will then schedule your appeal hearing.

How a Denied Workers Compensation Claim Attorney in Washington State Can Help You Fight to Recover the Benefits You Need and Deserve

Receiving a denial letter on your workers’ compensation claim from L&I can be a heartbreaking experience. But just because L&I has denied your claim or certain benefits you requested does not mean you are out of options. The workers’ compensation system gives you the right to challenge an L&I decision that may have been wrongly decided against you. A denied workers compensation claim attorney in Washington state from Smith Duran Law can help you continue to pursue your workers’ comp claim after an adverse L&I decision by:

  • Reviewing the L&I decision letter and explaining the basis for the decision
  • Identifying potential factual or legal errors in L&I’s decision or identifying steps we can take to convince L&I to reconsider its decision, such as supplying additional information in support of your claim or request for benefits
  • Preparing and filing a written protest letter of the L&I decision on your behalf
  • Filing an appeal of the decision to the BIIA, either as a direct appeal from the L&I decision or after L&I has denied your protest letter

Contact Us for a Free Case Evaluation to Go Over Your Rights for Challenging a Denied Workers’ Compensation Claim

If you have filed a workers’ compensation claim that was denied by L&I, you must act quickly to preserve your rights to continue fighting for the workers’ comp benefits you need and deserve. Contact Smith Duran Law today for a free, no-obligation consultation to learn more about how a denied workers compensation claim attorney in Washington state can assist you with fighting the denial of your claim. 

Frequently Asked Question about Denied Workers Compensation Claims

How long do I have to protest or appeal a denied workers’ comp claim?

If you wish to protest a decision on your claim by L&I, you have 60 days to file your written protest (or 15 days for decisions about vocational benefits). If you decide to appeal to the BIIA, you have 20 days to appeal a billing decision that reduces the amount of benefits you are paid or that demands repayment of benefits you have already received, or 60 days to appeal a decision on your claim or other payment decision. 

If L&I affirms the denial of my claim after I file a protest, what are my options?

If you disagree with L&I’s decision on the protest of your claim, you have the right to further appeal the decision to the BIIA. Alternatively, once you receive L&I’s initial denial of your workers’ comp claim, you have the option of directly appealing to the BIIA.

  • Workers’ Compensation

    The Department of Labor and Industries manages claims for injuries at work. You are entitled to money for lost wages, medical treatment, vocational retraining, loss of body function, and in some cases a pension

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  • Personal Injury

    If your injury was caused by someone other than a co‑worker, an auto accident, or defective equipment, you may be entitled to additional compensation. Our attorney will evaluate your case.

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