Being denied a workers’ compensation claim can be devastating. Work injuries impact our work lives and our personal lives, and we should always be able to count on receiving adequate coverage. When you need a Downey denied claim lawyer, we are ready to step in and help. At JML Law, we have the experience you need to handle any workers injury case. We understand how these cases work and will thoroughly investigate what happened. Let us get to work today so we can get the compensation you need tomorrow.
First, am I able to appeal a denial of my workers’ comp claim
The first thing you need to do if you are denied workers’ compensation benefits for your injury is to seek help from a Downey denied claim lawyer. All workers’ compensation denials can be appealed through the California Workers’ Compensation Appeals Board (WCAB). However, these appeals have deadlines and complicated paperwork. An attorney can cut through the nonsense and help you with this.
Why would my Downey workers’ compensation claim be denied
Workers’ compensation claims are considered “no-fault” in California. This means that even if your actions caused the injury, you will still be able to file a claim and receive medical coverage and lost wages under the law. However, there are several reasons that a workers’ compensation claim could be denied.
If your injury was caused due to gross negligence or reckless behavior on your part, you may be denied workers’ comp. This includes being impaired by drugs or alcohol at the time of the incident or horseplaying or using machinery in ways not intended.
Other reasons for denial may center around:
- Missing important deadlines concerning filing a claim. Officially, you have 30 days from the date an injury occurs to file a workers’ comp claim. It is always best to report an injury as soon as you know about it and seek medical attention immediately.
- You stop following the doctor’s treatment. If you discontinue the treatment plans set forth by your doctor or do not go to follow-up appointments, you are signaling that you are not injured. Always communicate with your physician after a work injury and follow their orders.
- If the injury happened on a break or while commuting to work, then you may not receive coverage. Workers’ compensation will only cover injuries that occur while you are performing official work duties.
- Your employer could dispute your account of the incident and delay or deny the claim.
Will an attorney be able to help with compensation
If you or someone you love has been denied workers’ compensation insurance for a work injury, you need to seek legal assistance as soon as possible. At JML Law, we will get to work on your case immediately. We know how important it is to get the following coverage:
- Your medical expenses related to the work injury
- Lost wages and benefits if you are unable to work
- Pain and suffering damages
- Loss of personal enjoyment damages
- Possible punitive damages against those responsible
If you need a Downey denied claim attorney, you can contact us by clicking here or calling us at 818-610-8800 for a free consultation today.
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