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Denied Workers' Compensation Claim in California

An injury that takes us away from our work has serious consequences. There are medical expenses and lost wages. The workers’ compensation program is there to address those expenses and make us financially whole, but what happens when there’s a denied workers’ compensation claim in California? Ghitterman, Ghitterman & Feld has over 65 years of experience helping injured workers get the help they need and deserve. 

GG&F can be reached by calling (805) 243-2179 or by filling out our online contact form. Free consultations, either in-person or by video, are available.

Common Reasons Workers’ Comp Claims Are Denied

Issues that may arise after a claim is filed may include the following: 

  • The Injury Was Not Job-Related: Workers' compensation only covers injuries arising from and during employment. However, there are cases where this may be a gray area. With more and more work being done remotely, the line between on-the-job and off-the-job is increasingly blurred.
  • Pre-existing Conditions: If a pre-existing condition contributes to or exacerbates the current injury, the claim may be partially or wholly denied. Insurance companies may argue that the pre-existing condition, rather than the workplace incident, is responsible for the injury. The good news is that there is an alternative—the SIBTF program, which helps workers who suffer from pre-existing conditions. Our attorneys can advise regarding options in each specific case.
  • Failure to Receive Medical Treatment: It’s imperative that employees seek out medical care immediately after an injury, even if they don’t believe it to be necessary. The doctor’s report can serve a valuable role as a baseline evaluation. But gray areas can arise when injuries take a long time to develop (i.e., carpal tunnel for a typist or back problems for someone doing heavy lifting). 
  • Failure to See an Approved Medical Provider: For workers’ comp claims, it’s important to consult the Human Resources Department and determine which medical providers are approved for workers’ comp cases. The claim may be denied if an employee seeks treatment from an unauthorized healthcare professional.
  • The Statute of Limitations: California law requires that incidents resulting in an injury be reported within 30 days, and the claim itself must be filed within a year of the incident. But what happens when there is no triggering “incident” per se? The examples above regarding carpal tunnel and back problems are classic scenarios where a denied workers’ compensation claim in California might be unfair based on the circumstances. 

We can help. Call us at (805) 243-2179 for a free consultation.

 

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Hear what Our Clients Have to Say
    "Experienced the Utmost Professionalism"
    They are well organized, very knowledgeable of the workers' compensation industry, and have had an excellent reputation for many years.
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    Ben Feld was a terrific attorney as he guided me through the disability process. Most importantly, he would return my calls or my texts very quickly. I cannot recommend GG&F more highly. They make you feel like family.
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    Mr. Feld got me my SSDI in 2 month on contingency, which was greatly appreciated! That was 2 years faster than the nightmares that everyone hears about. I was crying! It was a miracle! I am so thankful and grateful!!! Thank you so much Benjamin Feld!!!
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    My overall experience with this firm has been outstanding. From the very beginning, Ben was incredibly informative, helpful, and patient with me and my situation. He, and the rest of the team, helped to make a stressful and long process so much easier. Inc
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What To Do After Filing a Workers’ Compensation Claim

After filing a workers’ compensation claim, it’s important that you cooperate with all of the management-related requests made by your employer. This includes taking drug tests, completing physical examinations, and filling out the necessary paperwork in a timely manner. Doing so will make the review process move along more smoothly while keeping any legal issues at bay.  

Contact Us Today — It Costs You Nothing

If you’re having trouble receiving workers’ compensation benefits after a work-related injury, it’s best to consult with an experienced attorney from GG&F as soon as possible. This way, we can help guide you through the process while ensuring that all of your rights are protected. Filing a claim can be difficult, but with the right legal representation, it doesn’t have to be. GG&F has provided legal guidance to workers like you for over 65 years. 

Contact us today at (805) 243-2179 to schedule an appointment and learn more about how we can help you in your time of need.

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