If you are hurt at work, you may be entitled to financial restitution for your injuries as well as other damages. However, as with any other claim, there are important rules and exceptions that will come into play when determining the outcome of your workers’ comp claim.
There are several reasons why most workers’ compensation claims end in denial. Here are some of them:
Missing important deadlines
Your quest for compensation following an injury in the workplace begins with bringing the injury to the attention of the employer. While the reporting process differs from state to state, it is important that an injured employee notifies the employer of their injury within a specified time frame. In California, you are required to notify the employer of your injury within 30 days. California statute of limitations also requires injured employers to file a workers’ compensation claim within one year from the date of the injury. Missing these important deadlines can result in automatic denial of your claim.
Filing your claim after losing your job
It is not uncommon for an employee who was legitimately hurt while at work to do nothing about their injury only to get around to filing their claim when they lose their job. If this happens, the insurance company as well as your ex-employer may have a compelling reason to argue that your claim is nothing but an act of vengeance.
Suspicious medical records
Before receiving compensation for your injury, your employer’s workers’ compensation carrier will have to comb through every aspect of your claim. This includes vetting your medical history as well as your injuries’ treatment record. If they notice anything out of the ordinary in your treatment history such as missed doctor appointments, inconsistent account of your injuries, or even alcohol or illegal substance in your system at the time of your injury, then they may deny your claim.
A workplace injury can greatly impact your life. However, to receive the compensation you deserve for your damages, it is important that you adhere to California’s workplace injury claims process.