Denied Claims

Workers’ Comp Claim Denied: Now What?

You’ve been injured in a workplace accident and filed for workers’ compensation to cover your medical bills and lost wages. You carefully filled out the claim form and felt confident everything was done right – but then, you receive a notice that your workers’ compensation claim has been denied.

Don’t panic – a denial doesn’t mean the end of your case. You still have the right to appeal and fight for the benefits you deserve. Our experienced workers’ compensation specialists can help you understand why your claim was denied and guide you through the appeal process step-by-step.

Call today at (619) 544-1506 for a free consultation and take the first step toward securing the benefits you’re entitled to. Don’t wait — strict deadlines apply!

WHY WAS MY WORKERS’ COMPENSATION CLAIM DENIED?

Before we figure out the next steps, it is important to try to understand why your claim was denied. Below you can find some of the most common reasons for a workers’ compensation claim getting denied.

YOU WERE LATE FILING YOUR CLAIM

There is a timeframe you must follow when filing a workers’ compensation claim, and if you are late the claim can be denied. In California, you must notify your employer that an accident occurred within 5 days of the injury occurred, and paperwork must be submitted within 30 days. Any tardiness can be a sign that the injury or accident was fabricated, and the claim will be denied.

YOUR EMPLOYER DISPUTES THE CLAIM

Your employer has a vested interest in your claim not being approved, so they may deny the claim if there is not sufficient evidence. That is why it is important to have witnesses, a doctor’s statement, and other evidence.

YOU WERE INTOXICATED

If you were under the influence of drugs or alcohol when the accident occurs, the claim will likely be denied. Your employer can request a drug and alcohol test when you visit a doctor for your injury.

YOU HAVE AN OLD INJURY OR PRE-EXISTING MEDICAL CONDITION

If the accident aggravates an old injury, you will need to provide enough evidence that new trauma caused the injury, and it isn’t a flare up of your old medical condition.

YOU DIDN’T SEE A DOCTOR

Your claim can be denied if you did not seek medical treatment for your injury and have a medical record. Seek treatment as soon as possible after your injury.

Do you get workers comp if it’s your fault

HAS YOUR EMPLOYER REFUSES TO FILE WORKERS’ COMP CLAIM?

It is the obligation of your employer to give you the materials you need to file a workers’ compensation claim. If your employer is delaying your claim, refuses the claim, or fails to give you the paperwork you need to submit a workers’ compensation claim, you need to talk to an attorney as soon as possible. A good workers’ compensation attorney can help you make sense of the complicated procedure and make sure your employer is treating you in a fair and just manner.

WHAT DO I DO IF MY WORKERS’ COMPENSATION CLAIM IS DENIED?

Although you follow proper protocol for filing a workers’ compensation claim, your claim still may be denied. If your claim has been denied, you need to contact a workers’ compensation lawyer as soon as possible to file an appeal. The professional attorneys at The Law Office of Matthew Russell in San Diego are here to assist you and help you make sense of the complicated workers’ compensation system. If your claim is denied, we will fight for your rights and get your workers’ compensation claim approved. Give us a call at (619) 544-1506