5 Unique Reasons Why Your Workers’ Compensation Claim May Have Been Denied in California
If your workers’ compensation claim was recently denied, there are a number of reasons it could have been turned down.
Making a workers’ compensation claim can sometimes be a daunting task, but it’s within your rights as an employee if you are injured on the job.
Workers’ compensation is designed to protect employees, helping them receive benefits following a work-related injury. Employees can receive assistance in the form of:
- Medical care benefits – This may include doctor visits and other treatment services, tests, medicine, or equipment used to help treat your injury.
- Temporary disability benefits – Covers two-thirds of the gross (pre-tax) wages you lose as you recover from an on the job injury.
- Permanent disability benefits – Covers benefits if you are not able to return to work/completely recover following your injury.
- Supplemental job displacement benefits – A voucher that can help with job retraining or skill enhancement.
- Death benefits – Payment to any dependents following your death.
Just because you file a workers’ compensation claim doesn’t mean it will be approved. Claims can be denied.
Below you will find a list of five reasons why your workers’ compensation claim was denied.
– You didn’t report the injury on time
According to the California Department of Industrial Relations, you have 30 days to file your workers’ compensation claim. Not filing in the proper time frame could lead to denial of benefits. It’s important to report your injury as quickly as possible.
– Your injuries are due to negligence on your behalf
If you were engaging in horseplay, or found with drugs or alcohol in your system, your claim may be denied. Situations that stem from these injuries are not covered by workers’ compensation.
– Your injury wasn’t caused by work
Injuries for a workers’ compensation claim must be a direct result of a job related incident. For example, if you suffered an injury eating lunch, eating the meal was not directly related to your job functions.
– You didn’t seek medical treatment
An insurance company could use this against you, as some may believe your injury wasn’t as serious as you presented it, or maybe it didn’t even exist.
– Your injury stems from a preexisting condition –
If you already have a back injury, and it was reinjured at work, your workers’ compensation claim may be rejected on the basis that this condition was not flagrantly due to your current employment.
Denial of a workers’ compensation claim can be frustrating. You’re already suffering following an injury, and the denial of benefits is like salt on an open wound.
However, there is hope. You don’t have to take no for an answer following your workers’ compensation claim request.
If your workers’ compensation claim was denied, it’s imperative to get an LA workers’ comp lawyer on your side.
At C&B Law Group, our LA workers compensation attorneys will work with you to build a solid case.
Suffering an injury at work is already hard enough, and often leads to unwanted stress. Let the Burbank attorneys at C&B Law Group help.
Common workers’ compensation claims are the result of:
- Slips or falls
- Construction accidents
- Heavy machinery accidents
- Driving accidents
- Injuries as the result of a falling or moving object
Common injuries include:
- Whiplash, or other neck injuries
- Cuts and lacerations
- Broken or fractured bones
- Herniated discs, or other back injuries
- Sprains and strains
- Damage to nerve fiber, or other spinal cord injuries
- Loss of limbs
- Traumatic brain injuries, or other head injuries
- Wrongful death
If your workers’ compensation claim was denied, get in touch with our Van Nuys attorneys now.
At C&B Law Group, your legal services towards your case with us are 100% free until we win. Your initial consultation with an attorney is also free.
Contact us today to learn more about how we can help.