Suffering a workplace injury is stressful enough without having to deal with complicated legal issues. Workers’ compensation benefits provide financial relief for medical expenses, lost wages, disability, and other economic damages. If your workers’ compensation claim is denied, you may be left to pay for your medical care out of your own pocket, which could put you under financial strain. Our firm provides diligent representation to clients seeking workers’ compensation benefits in Southern California. We will help you understand why your workers’ comp claim was denied, and will guide you through the appeals process.
Your Workers’ Compensation Claim May Be Denied If:
- You Did Not Receive Medical Attention
Having medical records is important when pursuing workers’ comp benefits. If you wait too long to see a doctor, or you fail to see a doctor at all following a workplace accident, your claim may be in jeopardy. The insurance company may try to say that your injuries are not as bad as you say they are, or that they didn’t occur at work. By seeing a doctor, you can use your medical records to show the nature, cause, and extent of your injuries.
- Your Injury Did Not Occur at Work
In order to receive workers’ compensation benefits, you must prove that your injury occurred while performing job duties. If you were injured while commuting to work or on vacation, you will likely not be entitled to workers’ compensation benefits. You will need to use evidence to show that your injury happened at work. The only exception is if you were traveling for a work-related activity, such as a company retreat. In this case, you may still be eligible for workers’ comp benefits.
- You Did Not Notify Your Employer in a Timely Manner
In the state of California, you only have 30 days to notify your employer after you’ve been injured at work. If you fail to tell your employer within this time frame, your claim will likely be denied. The insurance company may say that your injuries did not actually occur at work, since you didn’t even let your employer know about them. It is important to notify your employer as soon as possible after an on-the-job injury. You will also need to fill out your section of the workers’ compensation claim form and give it to your employer.
- Your Employer Disputes Your Claim
In some cases, your employer may dispute your claim. He or she may say that the details on your claim are inaccurate, that your injury does not come under workers’ compensation coverage, or that you were not really injured at work. That is why gathering evidence is so important after an accident. It may be necessary to use evidence to prove the cause and extent of your injuries.
- You Were Under the Influence of Alcohol or Drugs at the Time of Your Injury
When you go to a doctor for an on-the-job injury, your employer has the right to request a drug or alcohol test. If you are found to be intoxicated with drugs or alcohol at the time of your injury, your claim may be denied. Our legal team will discuss your options for pursuing workers' comp benefits.
How We Can Help
Our Glendale workers’ comp lawyers at the Law Offices of Wax & Wax will help ensure the information on your claim is detailed and accurate, and we will work hard to protect your rights and interests throughout the process. Furthermore, if your claim is denied, our legal team will fight on your behalf, represent you in the appeals process, gather evidence to build your case, and help you make informed legal decisions every step of the way.
Ready to get started? Call our office today at (818) 946-0608 to schedule a free consultation.