When A Workers’ Compensation Claim Gets Denied

When you get hurt at work, you probably expect your employer and their insurance company to do the right thing to help you recover from your injury. Unfortunately, this isn’t always true. At Occupational Injury Law Center, our founding attorney, Esequiel (Zeke) Soloria, has been practicing law since 1991. Certified as a specialist in workers’ compensation law through the State Bar of California Board of Legal Specialization, he has been assisting injured clients in and around Modesto for decades. If your workers’ compensation claim was denied, he can help.

Workers’ Compensation Claims In California

California law requires that if you get sick or injured at work, you can file a claim for workers’ compensation benefits. Workers’ compensation benefits include:

• Medical care to treat your injury or illness
• Temporary disability benefits to cover lost wages
• Permanent disability benefits if you don’t make a full recovery from your injury or illness
• Supplemental job displacement benefits if your injury requires you to change jobs
• Death benefits to your spouse or dependents if you die from your injury or illness

If you have been injured at work, there are steps you can and should take to protect your right to workers’ comp benefits. A skilled workers’ compensation attorney can help you file a workers’ comp claim. After filing a claim, the claims administrator (or your employer) will notify you to let you know if your claim has been accepted or denied.

Reasons A Workers’ Compensation Claim Is Denied

Sometimes, workers’ comp claims are denied. When this happens, it is usually because the claims administrator does not believe that your illness or injury should be covered under workers’ compensation. A workers’ comp claim may be denied for the following reasons:

• The accident or injury was not witnessed by another person.
• The accident or injury was not reported on time.
• The workers’ compensation claim was not filed on time.
• There was a failure to seek medical attention.
• The injury or illness was a result of a pre-existing condition.

Just because a claim was denied does not mean that you are now unable to get workers’ compensation benefits. If your workers’ comp claim was denied, you can file an objection with the Department of Industrial Relations (DIR) and its Department of Workers’ Compensation (DWC) in the county you were injured or the county in which you live. This will start the process that will allow your case to be heard and considered by a judge. If you are overwhelmed by the process, attorney Solorio has been assisting injured clients for more than three decades, and he can help you.

Don’t Wait. Deadlines Apply.

Whether you are considering filing a workers’ compensation claim, or your workers’ comp claim got denied, know that there are strict filing deadlines. Claims and challenges to a workers’ comp claim have to be filed within a certain time period. Don’t wait. Call Occupational Injury Law Center today at 209-846-3458 or send an email to schedule a free, no-pressure, initial consultation with a lawyer who cares about you and your recovery.