3 Ways to Strengthen Your Workers’ Comp Case Before Appealing 

If your workers’ comp claim has been denied, you might feel frustrated, confused, and ready to fight back. The good news? You can still turn things around, but only if you prepare before appealing.

At Pacific Workers, we’ve seen too many injured workers rush into an appeal without a solid plan, only to lose their one shot at overturning a denial. That’s why we recommend focusing on three key actions before you file your appeal:

1. Get a second medical opinion to strengthen your medical evidence. 

2. Gather witnesses and proof that back up your version of events. 

3. Document employer or insurance missteps that may have hurt your claim. 

These steps can make all the difference between another denial and finally getting the benefits you deserve. Let’s break down how to do each one. 

1. Get a Second Medical Opinion 

One of the most common reasons claims get denied is insufficient or conflicting medical evidence. Maybe the doctor said you’re fine when you’re still in pain, or denied a surgery you know you need. Don’t settle for that first opinion. 

In California, you have the right to request a Qualified Medical Evaluator (QME), a neutral doctor who reviews your case and provides an independent opinion. If you already have an attorney, they might request an Agreed Medical Evaluator (AME). Either way, a second opinion can make or break your appeal. 

Pro tip: Bring every piece of relevant medical evidence with you: past records, diagnostic images, and reports from your primary doctor. Sometimes evaluators don’t receive the full picture from the insurance company, so it’s up to you to make sure they see everything. 

2. Gather Witnesses and Evidence 

Your story is important, but in workers’ comp, proof speaks louder. Witnesses, video footage, and written statements can help confirm the facts of your injury. 

• Coworkers and supervisors who saw the accident or know the conditions you work under 

• Security camera footage showing the incident or unsafe conditions 

• People you reported the injury to (even if they didn’t see it happen) 

If someone is hesitant to get involved, offer to help them put their statement together so it’s easier for them to participate. Just make sure they write it in their own words. 

3. Document Employer or Insurance Missteps 

Unfortunately, delays and mistakes by employers or claims adjusters happen and they can hurt your case. 

If your employer failed to report your injury promptly or your claims adjuster keeps dragging their feet, keep a record of every interaction. This could be: 

• Emails and text messages reporting your injury 

• Written summaries of conversations with your employer or adjuster 

• Copies of any official forms you submitted (like the DWC-1 in California) 

Always follow up verbal conversations with something in writing. That way, you leave a paper trail and avoid “your word against theirs.” 

You can also like: Denied Workers’ Comp Care? How to Fight Back in California 

Common Mistakes to Avoid 

When preparing for an appeal, steer clear of these pitfalls:

• Missing deadlines for appeals or evidence submission 

• Taking your employer’s word as final instead of verifying your rights 

• Trying to navigate complex appeals without legal guidance when your case truly needs it 

A single mistake can cost you your only chance to appeal. That’s why it’s worth getting a free consultation with a workers’ comp attorney to review your situation. 

Don’t Appeal Alone. We Can Help 

At Pacific Workers, we’ve helped thousands of injured workers fight denials and win the benefits they deserve. If you’ve been denied, don’t wait. Strengthen your case now so you walk into your appeal with the best possible chance of success. 

📞 Call us today at 800-606-6999 or visit pacificworkers.com to get your free consultation.

ABOUT THE AUTHOR

​Bilal Kassem President and Co-founder

Bilal Kassem is the co-founder of Pacific Workers and a nominee for Applicant Attorney of the Year. With a deep-rooted passion for helping injured workers, Bilal leads with empathy and empowers his team to deliver world-class service from the very first interaction.

With extensive experience navigating California’s complex workers’ compensation system, Bilal has successfully guided countless clients through challenging appeals and case preparations. His expertise in building strong cases before the appeals process has earned him a reputation as a trusted advocate who consistently fights for the rights and benefits injured workers deserve.