Denied Workers’ Compensation? Information For Los Angeles Employees
Los Angeles Labor Attorney Helping Workers Hurt On The Job Get Denied Or Delayed Claims Approved
Workers’ compensation has been used in America for centuries. It ensures that if employees suffer a workplace injury, they can get the medical treatments they need and employers are not sunk by personal injury lawsuits. Like many of states, California workers’ compensation is designed so that everyone comes out on top.
However, not all employers want to hold up their end of the bargain when one of their employees is injured. The failure to provide workers’ comp coverage, to deny or delay benefits in spite of a legitimate workers’ compensation claim constitutes both employer negligence and a breach of contract.
If your workers’ comp claim has been denied or you are facing significant obstacles from your employer after filing a workers’ compensation claim in California, you should consider contacting an experienced Los Angeles labor attorney. In most cases, these denied claims can and should be challenged, but how is an injured worker supposed to appeal the denial while also dealing with an on-the-job injury? Our workers’ compensation lawyers want to help.
Why Was My Workers’ Comp Claim Denied?
Your employer and its California workers’ compensation insurance company will look for any reasons to deny workers’ comp claims or lessen the amount of benefits they have to provide. Some insurance companies may automatically deny claims, regardless if it is a valid claim or not. Other workers’ compensation claims may receive a denial for common issues, such as:
- Failing to report the injury at work or inform a supervisor in time
- Completing the workers’ compensation forms incorrectly
- Lack of witnesses of the workplace accident
- Failing to provide the necessary accident and medical information
- Pre-existing injuries
- Not having the correct medical tests related to the condition
- Doctor reported that the injury was not related to work
What Happens When a Workers’ Comp Claim is Denied?
Do not lose hope—you have options.
The state of California allows you to object to your workers’ compensation claim denial. You can have your case brought before a workers’ compensation administrative law judge. You are allowed to represent yourself, but it is highly advisable that you have qualified workers’ compensation lawyers on your side.
It should be noted that there are strict California workers’ compensation statutes of limitation when appealing a workers’ claim denial. If your claim is denied, it is in your best interest to take action immediately. Your attorney can tell you how best to proceed. You stand a much better chance of successfully appealing the denial if you have experienced legal counsel on your side.
How a Los Angeles Labor Attorney Can Challenge a Workers’ Comp Denial
During a free attorney claim review of your denied workers’ compensation claim, our Los Angeles labor attorney can help you better understand the reasoning (or lack of reasoning) for the denial or claim rejection.
Our California employment law firm has more than 100 years of combined legal experience handling workplace rights cases in and around Los Angeles. Our Los Angeles labor attorney has the resources to:
- Challenge medical opinions
- Directly negotiate with the insurance company to find a resolution
- Request an administrative law judge hearing
- If there is an unfavorable decision, file a Petition for Reconsideration with the California Workers’ Compensation Appeal Board (WCAB) on your behalf
- Prepare and take your workers’ comp case to court
Injured at Work? Do Not Wait to Contact Our Los Angeles Labor Attorney
If you have been hurt on the job and facing struggles with your employer regarding workers’ compensation, we can help. Contact our employment law office in Los Angeles today to have your situation reviewed for free by an experienced Los Angeles labor attorney at Kesluk, Silverstein & Jacob.