In California, workers’ compensation laws ensure that employees who are injured in on-the-job accidents can easily recover compensation for their medical bills and other such losses by filing claims to collect workers’ compensation benefits. It’s important to understand that an employer does not need to have been negligent for an injured worker to file a claim. As long as it can be shown that the accident which caused a worker’s injuries was genuinely work-related, the employee in question technically has the legal right to recover compensation.
However, employers and their workers’ compensation insurers are not always inclined to pay employees as soon as they submit their claims. It’s not uncommon for workers’ compensation insurers to deny claims rather than paying injured employees what they are asking for.
The fact that a workers’ compensation claim was denied does not mean it should have been. If you believe your claim was denied unfairly, contact our team at JML Law. Our Oakland denied claims attorneys are prepared to fight for what you deserve.
There are various reasons an insurance company may cite when denying a workers’ compensation claim. Often, an insurer will try to argue that an accident which caused a worker to be injured does not qualify as work-related. Or, they might attempt to argue that a worker was injured because they were intoxicated or in some other way excessively negligent on the job.
Insurance companies can also attempt to deny claims based on certain complex nuances of workers’ compensation laws. For example, in California, an employee is technically required to file a report of an injury within 30 days of being injured. If they fail to meet the deadline, they could have potentially essentially forfeited their rights to compensation.
However, there are some types of injuries that an employee might not immediately notice. For example, it’s not uncommon for the symptoms of back and neck injuries to manifest more than 30 days after the initial injury occurred. Thus, a worker who has sustained such injuries might not file a report within the 30-day period because they might not have known they were injured until after the deadline passed. An insurance company might use this against them to justify denying their claim.
These are all common ways insurance companies attempt to avoid paying claimants. Luckily, you do not need to immediately accept the decision of the insurance company if your claim has been denied. If you have reason to believe it was denied unfairly, review your case with the experts at an Oakland denied claim law firm. They can go over the details of your case and provide the representation you need if it appears you should have been compensated when you filed for workers’ compensation benefits.
At JML Law, our Oakland denied claim attorneys are committed to ensuring that the rights of injured workers are protected. We will work hard to prove your claim should not have been denied to help you recover the compensation you may be eligible for. Contact us online or call us at 818-610-8800 to learn more.
Every case is unique and needs to be evaluated by our experienced lawyers. If you have been injured in a work-related accident.