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Denied Workers Compensation Claim

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Helping Denied Workers Compensation Claims

If you have been injured on the job, keep in mind that it is your legal right to apply for workers’ compensation benefits as long as your employer is covered by state law. Furthermore, if you were fired or let go because of an injury, this could be considered retaliation, and you may want to pursue additional damages through a civil suit. 

If you have applied for workers’ compensation benefits but were denied after your initial claim was filed, an attorney will then need to step in to help build your case. You should consider filing an appeal if your employer denies your right to receive worker’s comp, lays the blame on another ex-employee, claims that it’s not responsible because of faulty equipment/tools/machinery/materials used at work, or says that there is no proof of injury despite medical records proving otherwise. 

If your employer refuses to provide a valid reason for why your claim was denied by the deadline they were given, it could leave them open for additional penalties from federal officials in addition to legal action taken against them in court. This is where a worker’s compensation attorney can help ensure that this doesn’t happen and that your employer’s practices are compliant with state laws. 

The Legalities Surrounding Your Denied Claim

When it comes to filing a claim, you must keep in mind that your employer and their insurance company likely have legal representation. That said, it is illegal for them to deny your claims if they do not provide a valid reason after following proper protocol (e.g., sending notice via certified mail) and giving you sufficient time to respond or submit additional documentation. Furthermore, if they would like you to sign any documents before paying out your benefits, make sure it is something that legally protects both parties involved and isn’t intended as an intimidation tactic; i.e., making you think you’re signing away your right to receive worker’s comp if you don’t agree to what they’ve presented. 

What To Do After Filing

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.  

If your employer decides to terminate your employment while you’re going through the worker’s comp process, you can file a retaliation report with state officials. This will help ensure that you receive the benefits promised to you and possibly initiate a full investigation of your claim. 

When your claim is approved, it should include payment for any medical expenses involved in treating the injury up to the time when you began receiving benefits. If this isn’t included in what’s outlined in your benefits summary, feel free to reach out to them again so they can resend their reply with another copy of the decision letter attached. This could help expedite things further while ensuring that both parties consider all aspects before any final decisions are made about what will take place moving forward. 

Remember, you have the right to file a complaint if you believe that your rights have been violated in any way – and it’s best to do so sooner rather than later.

What can you expect at a workers’ compensation hearing? 

First and foremost, it is important to remember that these hearings are not criminal trials. The purpose is to determine whether or not you are entitled to benefits under the workers’ compensation system. Your lawyer will present evidence on your behalf and argue your case before a panel of judges. You should be prepared to answer any questions that they may have about your injury. A judge makes a final decision about whether or not more money should be paid out to the employee.

At GG&F, we understand that these types of situations may create tension and anxiety for you and your family. That is why we offer a supportive approach to all of our clients. We make sure that each client feels comfortable and confident speaking with us about their case. Whether it’s your first time going through the process or you’ve already had a few hearings under your belt, we are here to help guide you through this difficult time.

What To Do If Your Claim Is Denied

In California, if your workers’ compensation claim is denied, there are a few things you can do to try and get it approved. First, make sure to follow all of the proper steps when submitting your claim, including sending notice via certified mail and giving your employer enough time to respond. If they refuse to provide a valid reason for the denial after following these procedures, you can take legal action against them. 

You should also keep in mind that your employer and their insurance company likely have legal representation, meaning it won’t be easy to win your case without a qualified lawyer on your side. Ghitterman, Ghitterman & Feld is a workers’ compensations law firm in Fresno, CA with 65 years of experience that can help you navigate these treacherous waters and get the benefits you deserve. Call us today for a free consultation to discuss your case and find out how we can give you the help you need.

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 been providing legal guidance to workers like you for over 65 years. Contact us today to schedule an appointment and learn more about how we can help you in your time of need.

Call us at (805) 214-8888, (559) 214-8888, or (661) 214-8888 or contact us online to schedule a free consultation. You are never charged a fee unless we obtain compensation for you.