Over 40 Years Of Experience In Workers’ Compensation

Can your workers’ compensation claim be denied?

On Behalf of | Jan 16, 2023 | Workers' Compensation

When an employee is injured from an onsite accident and their injuries prevent them from continuing work, at least until they’ve healed, then they may apply for workers’ compensation benefits. Workers’ compensation benefits can help employees recover from their injuries and return to work by supplying them with medical benefits and lost wages, for starters. California is a no-fault accident state, meaning that the injured party doesn’t have to prove who’s at fault for their injuries (as long as it’s not self-inflicted) and they’ll still benefit from workers’ compensation.

While it may be clear that an injured employee is eligible for workers’ compensation, they don’t receive their benefits by default. First, employees have to apply for workers’ compensation. However, a workers’ compensation claim can be denied after an application has been submitted no matter how obvious it is that an employee deserves their benefits.

There are several common reasons a workers’ compensation claim may be denied. Here’s what you should know:

Failure to seek medical evaluation

Employees who’ve been injured at work should seek medical attention. Not only can this prove that an employee has been injured but also the cause of said injury. As such, after seeking medical attention, the employee will have the necessary medical report to show they were injured and can’t continue working. Failing to do any of this may cause a workers’ compensation denial.

Failure to file a claim within the statute of limitations

It’s important to remember that workers have to report their injuries to apply for workers’ compensation benefits. Employees have to provide written notice of their injuries to their employer within 30 days after their injury. Following that, employees have one year to file a workers’ compensation claim. Failing to file a claim within California’s statute of limitations will likely result in a denial.

Applying for workers’ compensation can be difficult. You may need to better understand your legal rights when filing a workers’ compensation claim.