Fighting Denied Workers’ Comp Claims and Delayed Benefits in California
Understanding Denied Workers’ Comp Claims & Benefit Delays
When your workers’ compensation claim is denied or your benefits are delayed, it can feel like the system is working against you. At Levitz Legal Group, we help injured workers across Northern California challenge denials, recover missed payments, and pursue penalties when insurers act unreasonably.
An initial denial or delay isn’t the end of your case — it’s often the beginning of your legal recovery.
Learn more about how claims are handled in our
Workers’ Compensation Overview page.
What It Means When a Workers’ Comp Claim is Denied
A denial means the insurance company decided your injury isn’t covered under workers’ compensation. This can happen for many reasons — such as late reporting, a dispute about whether the injury is work-related, or even administrative error.
Levitz Legal Group investigates every denial to uncover the truth and build the documentation needed to reverse it.
- We file the Application for Adjudication of Claim with the Workers’ Compensation Appeals Board (WCAB).
- We submit the Declaration of Readiness to Proceed to get your case heard quickly.
- We gather medical reports, safety records, and witness statements to prove your injury is job-related.
- We represent you in hearings and negotiations until your benefits are restored.
Even if your claim was denied for reasons like “late filing” or “pre-existing condition,” don’t give up — many denials are successfully overturned with the right evidence and representation.
Why Insurers Delay Payments — and How the Law Protects You
Delays in workers’ comp benefits are common — but often unlawful. California law penalizes insurers for untimely or unreasonable delays:
- Labor Code §4650: A 10% automatic penalty applies to any late payment.
- Labor Code §5814: An additional 25% penalty (up to $10,000) may apply for unreasonable delays or denials.
If your checks arrive late, stop without notice, or your medical bills go unpaid, you may be owed both the delayed benefits and additional penalties.
Our firm uses
AI-driven case tracking to detect late payments, missed deadlines, and procedural violations — ensuring insurers are held accountable for every delay.
Challenging Utilization Review (UR) Denials
Insurers often deny medical treatments through the utilization review (UR) process, claiming a procedure isn’t necessary. These UR denials can be appealed through Independent Medical Review (IMR) — but the process is deadline-driven and highly technical.
We use
AI-assisted analysis to flag UR denials that violate California’s medical guidelines or review deadlines, helping us overturn wrongful decisions faster and more effectively.
Related Remedies for Complex Cases
If your injury was caused by employer negligence or unsafe conditions, explore our Serious & Willful Misconduct page for information on additional compensation options.
If you had a pre-existing disability, you may qualify for lifetime compensation through the Subsequent Injuries Benefits Trust Fund (SIBTF).
We manage all these related claims in-house, ensuring continuity and strategy across your workers’ comp case.
Common Questions About Denied or Delayed Workers’ Comp Benefits
What should I do if my workers’ comp claim is denied in California?
File an Application for Adjudication of Claim with the WCAB within one year of the denial. An attorney can help you prepare the required documentation and medical evidence.
How do I appeal a denied claim?
After filing the Application, your lawyer will submit a Declaration of Readiness to Proceed to schedule a hearing before a judge. Levitz Legal Group represents you through every stage of the process.
What happens if my workers’ comp check is late?
You may automatically receive a 10% penalty under Labor Code §4650. If the delay was unreasonable, you could be entitled to a 25% penalty (up to $10,000) under Labor Code §5814.
Why did my workers’ comp checks stop?
Payments can stop due to insurer mismanagement or disputes about your medical status. We identify the cause, take immediate legal action, and pursue penalties where appropriate.
Do I need a lawyer to appeal a denied or delayed claim?
Yes. The appeals process involves strict deadlines and complex paperwork. Levitz Legal Group combines over 40 years of experience with advanced technology to protect your rights and secure your benefits.
Ready to Fight Your Denied or Delayed Workers’ Comp Benefits?
If your claim was denied, delayed, or underpaid, Levitz Legal Group is ready to help. We represent injured workers across Novato, Marin County, San Francisco, Oakland, and the greater Bay Area, combining legal skill with technology that detects insurer violations faster and more accurately.
Your case is handled personally by an attorney — never a chatbot or call center — with one goal: to recover the benefits and penalties you’re entitled to.