Attorney Esequiel Solorio is a certified specialist in workers’ compensation law as certified by The State Bar of California Board of Legal Specialization.

What to do when your workers’ compensation was denied

On Behalf of | Mar 23, 2018 | Workplace Injuries

When you suffer an injury at work as an employee, you should be entitled to some compensation for the medical bills that you had to pay, as well as the wages that you lost while you were recovering.

In order to be able to receive workers’ compensation, you have to file for it after you have been injured. However, not all applications are successful.

Workers’ compensation claims can be denied for a number of reasons. Receiving notice of a denied claim can be a very financially stressful situation to be in, since you are likely already receiving medical bills as a result of your work injury.

Why was my workers’ compensation claim denied?

There are many reasons why your workers’ compensation claim may have been denied. However, you do have the right to request an appeal. Some of the most common reasons for denial include the following:

  • Your employer does not think that you are entitled to workers’ compensation for one of a number of reasons. This could be that they believe that the accident happened outside of work or because the accident was caused by you acting foolishly in the workplace.
  • You did not receive medical treatment. If the injury was not serious enough to require medical treatment, it is likely that you will not be eligible.
  • You did not follow doctor’s orders. If you do not comply with treatment recommendations, that could make your injury seem minor or make your condition seem like your own fault.
  • The claim was not filed in time. You usually have between 30 and 90 days to file your claim.

If you have had your workers’ compensation claim denied, it is important to question the reasoning, since you may still be eligible for an appeal.

Source: FindLaw, “Workers’ Comp Denied? Here Are Your Next Steps,” accessed March 23, 2018