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Workers' Compensation Claims Can Be Wrongfully Denied. Our Experienced Attorneys Work to Correct This Denial & Earn Your Compensation.

Denied Workers' Compensation Claims

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Thousands of workers' compensation claims are filed every year due to workplace injuries sustained by employees who are on the job. Although most of these injury claims are valid, many of them may still be denied by employers. There are a number of reasons why employers may choose to deny a compensation claim, so if you have been injured at work, learn what these reasons are-as well as what your employee's rights are-so that you can have the best chance of filing a successful workers' comp claim.

Reasons for Workers' Comp Denials

Workers' compensation insurers deny many legitimate claims, forcing injured workers to deal with the notoriously complex legal system to assert their rights.

Workers' compensation insurers and employers may deny or dispute a claim for any of the following reasons:

  • Late filing: One of the main reasons a claim is denied is because it was filed late. After a workplace injury, an employee must report their injury to their employer immediately. Oftentimes, when an injury is reported more than 30 days after the accident occurred, the employee's claim may be denied.
  • Skepticism of your injury: Employers also tend to be wary of the validity of employees' claims out of concern that he or she may be trying to "work the system" and gain payment for a phony injury, or gain more compensation than they need. If you have been injured, immediate and straightforward communication with your employer could help secure their trust.
  • Your injury was not witnessed: Along the same lines, your workers' compensation claim may be denied if there were no witnesses to your injury, thereby introducing doubt regarding the circumstances of your injury or whether or not it was work related. Always report your injury to your co-workers and your supervisor immediately and tell everyone the exact same details.
  • Inconsistencies in your documentation: Insurers will frequently deny workers' comp claims if there is any sort of discrepancy between your accident report and your medical records. If you tell your employer your accident happened one way, but tell your doctor something slightly different, it could hurt your case.
  • They don't want to pay: Your claim could also be denied simply because your employer does not want to handle the extra expense. Granting workers' comp can cause an employer's insurance rates to rise, so they may attempt to deny your claim or offer you minimal compensation. You should not accept either.
  • You refused to give a statement or sign medical authorizations: Many workers' compensation insurers will want you to give a recorded statement describing your accident and injuries as well as sign forms giving them full access to your medical records and bills. If you do not have a lawyer, doing either of these can put you in a difficult situation and give the insurance company more ammunition to deny your claim. You are not obligated by law to submit a statement or sign medical authorizations, though the insurance company will likely lead you to believe otherwise. While you do have to provide medical records for your workers' compensation claim, you can fulfill this obligation by simply sending them the required documentation rather than giving them the ability to sift through your entire medical history in search of a reason to deny your claim.

Experienced & Dedicated Workers' Comp Attorney in Walnut Creek

If your claim has been denied, you may be able to file an appeal. Find out more by consulting with a Walnut Creek workers' comp lawyer as soon as possible. At the Law Offices of Jonathan Brand, a workers' comp lawyer could aggressively represent you in case your workers' comp claim has been denied. As seasoned lawyers with 60 years of combined experience our workers' comp lawyers could build a strong case proving the validity of your claim. With skilled legal assistance, you could fight for the compensation you need.

Call today to contact an experienced workers' comp lawyer from the firm. With such excellent legal representation, you could win the payout you deserve after you workplace injury.

Filing a Workers' Comp Appeal

In many cases, an employer may be hesitant to accept a workers' compensation claim. Injured employees are often denied workers' comp by employers who are trying to save money or who do not believe the claim to be valid, but he or she still has an employee's right to fight for compensation. Even after a denial, there are legal options available to obtain payment for workplace injuries, the most common of which is to file an appeal with the Workers' Compensation Appeals Board (WCAB).

What is the Workers' Compensation Appeals Board?

When there is a dispute over a workers' compensation claim between an employer and an injured worker, the case is brought before the WCAB for review. The first step in the appeals process is when the employee files a petition for reconsideration. If the claim is denied, the decision can be appealed to the California Court of Appeal, and then to the California Supreme Court if denied once again. If you are seeking to appeal your claim denial before the WCAB, don't do so without proper legal representation. A Walnut Creek workers' comp attorney could give you excellent legal advice and guide you as to what steps you should take.

Find a Workers' Comp Lawyer in Walnut Creek

Call the Law Offices of Jonathan Brand today to learn what a skilled attorney could do for you. Experienced in both workers' comp and personal injury law, attorney Jonathan Brand could provide you with honest information about your legal situation and how he could help. He never presumes to be more than he is and seeks only to win the highest payout possible for each client. Consult with his firm today to learn more about how he could represent you in a workers' comp appeals case.

Get legal help today! Contact a workers' comp lawyer from the Law Offices of Jonathan Brand for a consultation regarding your workers' compensation appeal.

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