When you are injured at work, it can be the start of a battle that you may not be ready to handle alone. Your employer may not be on your side when you start trying to obtain the workers’ compensation benefits that you are legally owed. In these cases, it is vital that you retain the services of a workers’ comp lawyer who can help you seek your benefits, despite your employer’s pushback. Still, it is important to know the most common reasons workers’ comp claims are denied in California.
The Most Common Reasons Why Workers’ Comp Claims Are Denied in California
There are multiple reasons why your workers’ comp claim could end up being denied in California. However, a denial is not necessarily the end of your claim. A workers’ comp lawyer can help you draft your appeal and continue to seek your workers’ comp benefits, should you wish to keep fighting.
California state law requires that you notify your employer of your workplace injury at least 30 days after the injury has occurred. Failure to do so could result in your workers’ comp benefits being denied due to your employer being unable to do their part, as they had no idea about your injury. Here are some of the more common reasons why your workers’ comp claim might be denied in California:
- Document Errors: Filling out the proper documentation to receive workers’ comp benefits can be tedious and confusing, which is why you should always retain the services of an experienced workers’ comp lawyer. A knowledgeable lawyer can ensure that your application is filled out correctly. If there are errors in the documentation, they could result in your benefits claim being denied.
- Work-Related Disputes: Not every work-related injury and subsequent workers’ comp claim is going to be agreed upon by all parties. Sometimes, if there is some question about the validity of your accident and how it may have happened, your employer could work to halt your application. It is vital that you hire a workers’ comp lawyer to prove the validity of your situation and establish a connection between the accident and your injury.
- Medical Cost Disputes: The perceived cost of the medical treatment you may need to address your injury, including ongoing costs and potential long-term care, could be a problem when it comes time to apply for workers’ comp benefits. It is important that you consult a medical professional to get your medical records properly documented. The total cost of the care you will need may come from that meeting.
- Poor Reporting: You absolutely need to disclose your injury to your employer in a timely manner to avoid complications later. If your employer is not properly informed of the accident within the required timeframe, it can cause your claims benefit to be denied.
- Missed Deadlines: One of the most important tasks that a workers’ comp lawyer can do for your case is to make sure that you do not miss any crucial deadlines during your workers’ comp application process. Missing deadlines can seriously impact your chances of receiving workers’ comp benefits.
- Insufficient Evidence: When you fill out your claim for workers’ comp, it is important that you provide as much evidence to support your claim as possible. That includes photographic evidence of your injury, the accident scene, and property damage, along with witness statements, medical records, and other comprehensive evidence. A lack of evidence can cause your claim to be denied.
FAQs
Q: How Do I Win a Workers’ Comp Claim in California?
A: The most effective way to win your workers’ comp claim is to retain the services of an experienced workers’ comp lawyer. They can ensure that your case is the strongest it can possibly be. A workers’ comp lawyer can help you prepare your case by gathering necessary evidence, ensuring that you don’t miss any crucial deadlines, and doing what they can to prevent your employer from trying to deny your benefits.
Q: Do Workers’ Comp Claims Include Benefits for Pain and Suffering?
A: No, in California, workers’ comp claims do not include additional benefits for pain and suffering. Workers’ comp benefits are intended to support you during your recovery after you suffer a workplace accident that puts you out of work for a prolonged period of time. These benefits can reimburse you for any lost wages as well as your medical expenses. However, they are not intended to compensate for your non-economic damages or be punitive to your employer.
Q: Do All Workers’ Comp Cases End in a Settlement in California?
A: Most workers’ comp cases in California end with a settlement of some kind. Many workers’ comp cases are resolved through straightforward agreements between the injured party and the employer’s insurance provider. These agreements may require some form of mediation to eventually reach a settlement agreement that both parties are comfortable with. Sometimes, the case needs to be settled in a courtroom, and that can be a difficult process.
Q: How Long Does It Take to Settle a Workers’ Comp Case in California?
A: In an ideal situation, it should not take very long for your workers’ comp case to be settled in California. Your employer’s insurance company should quickly agree to provide you with your benefits following a workplace accident. However, every workers’ comp case is different, and each case has its own particular set of circumstances that could affect your timeline. An experienced workers’ comp attorney can help the whole situation take less time.
Reach Out to an Experienced Workers’ Comp Lawyer Today
Working to receive your workers’ comp benefits can be a stressful situation, especially if your employer does not believe that you are entitled to those benefits and is consistently obstructing your efforts. An experienced workers’ comp lawyer can help you figure out the steps you can take to resolve this issue.
At Diefer Law Group, P.C., we can provide you with the legal assistance you need by helping you develop your case, representing your interests against insurance companies, and arguing for you to get the benefits you deserve. Contact us to schedule a consultation.
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