What Should You Do If Your Workers' Compensation Claim is Denied?

Posted By Thomas F. Martin, PLC || 8-Aug-2016

After a workplace injury takes you off your feet, the only thing that keeps paying your bills might be workers’ compensation benefits. Receiving workers’ comp is not a guarantee, however, and in most scenarios, workers themselves need to file their claim with their employer. A shockingly high number of workers’ compensation claims are initially denied, though. If you find yourself in this large group of denied workers, what can you do?

Why Was Your Claim Denied?

In order to fix a problem, you must first understand it. For a denied workers’ comp claim, this means two things: hiring an attorney, and knowing why your case was denied. It cannot be stressed enough to get a workers’ compensation lawyer on your side as soon as you need help with a workers’ comp claim, as they can bring unsurpassed insight to the entire process. At Thomas F. Martin, PLC, our Orange County workers’ compensation attorney has been helping people in your situation seek proper compensation for more than 25 years. With our help, you can start to clearly understand the issue at hand.

Reasons workers’ comp claims are denied usually include:

  • Late or incomplete paperwork: Clerical errors are notorious culprits when it comes to workers’ comp case denials. To avoid missing paperwork, failing to fill out all forms, filing late or to the wrong office, you should hire a workers’ comp attorney before you file your initial claim.
  • Severity: The insurance carrier of your employer might not believe that your injury is bad enough to take you out of the workforce for a year or more, which is generally the minimum amount required to receive benefits. With an attorney’s help, you can use medical records and other testimonies to prove that your injury warrants a claim.
  • Dispute: Is your employer saying that your injury is bad but it didn’t happen on their watch? This is a common reason why workers’ compensation claims are denied. Whether your employer is willfully lying or just misinformed about the accident that injured you, the representation of a skillful attorney will be necessary to negotiate with your employer and argue persuasively on your behalf.

What Do You Do Now?

Once you understand why your claim was denied, you and your workers’ comp lawyer can talk about what to do next. In many situations, the answer is filing an appeal. You might have to attend an administrative hearing before a judge and the state labor department.

If the circumstances of your case are unique or dire, your workers’ compensation attorney may want to move to litigate against your employer’s insurance provider. This is generally not the first-choice solution but it could be necessary. Entering the courtroom for litigation or a conference room for a settlement is not ideal or wise without professional representation.

If you live in Southern California and have had your workers’ comp claim denied, you should call 714.594.5389 today to connect with Thomas F. Martin, PLC. Our Santa Ana workers’ compensation lawyer has worked on thousands of cases and claims, solidifying our reputation for being one of the state’s most-trusted law firms for all things workers’ comp related. Contact us now and ask about scheduling your free initial consultation.

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