Common Workers’ Compensation Mistakes & How to Avoid Them

Protect Your Claim with the Help of Our Glendale Workers’ Comp Lawyers

Those filing for and receiving workers’ compensation are often doing so for the first time in their lives. Without proper guidance, it can be difficult to know what the laws and policies surrounding these programs are, and far too many deserving claimants are denied their benefits due to infractions they did not know were prohibited.

At the Wax & Wax, A Law Corporation, we understand that filing for and receiving workers’ compensation benefits is new territory for many claimants. That is why we offer knowledgeable counsel backed by over 100 years of collective legal experience to clients who need their best interests looked after. Whether you are ready to file or need help with a denied or terminated claim, our proven Glendale workers’ compensation lawyers can help.

Three Common Workers’ Compensation Mistakes in Los Angeles

In order to have your workers’ comp claim accepted and remain in compliance, certain policies need to be followed. While many claimants find these restrictions frustrating, they are put in place by state law and the workers’ comp providers to ensure that each claim is truthful and properly managed.

The most common mistakes workers’ compensation claimants make include:

• Waiting too long to notify your employer. In many cases, work accidents are serious enough that employers become immediately aware of them—especially if medical care is needed at the workplace. In other instances, though, it is up to the injured worker to notify their employer within 30 days of their injury. For those workers dealing with lingering injuries that they are not sure call for a claim, waiting too long will not only welcome suspicion but, after 30 days, disqualify them from filing.
• Ignoring medical advice. Before your claim is approved, you will need to see a doctor appointed by your employer’s workers’ compensation provider. Not only will this doctor assess your condition, but he or she will also begin to outline treatment for your recovery. Whether during this assessment process or any time after your claim is approved it is found that you are ignoring the advice of doctors, it is likely that your worker’s comp claim will be denied or terminated.
• Lying about your medical history. It is possible to receive workers’ compensation for a medical condition that was aggravated by your job. However, to do so, you must have been completely transparent about that pre-existing condition throughout every step of the process. This includes in your initial claim, during your medical assessment and treatment, and, if required, at the start of job in question if you were asked to provide medical information with your application.

What to Do If Your Workers’ Comp Claim Is Denied

If your workers’ compensation claim in Los Angeles has been denied, or if your benefits have been terminated, you still may have a number of legal options, including: 

• The first step in appealing a denied workers’ comp claim is to file an official Application for Adjudication of Claim. Essentially, this form formally requests the DWC office to review your claim.
• If your Application for Adjudication of Claim is denied or if the original claim denial is upheld, you may request a hearing before an Administrative Law Judge (ALJ). To do so, you will need to file a Declaration of Readiness to Proceed.
• If the Mandatory Settlement Conference hearing does not go in your favor, you may proceed to trial with your case. After the trial, you will receive a decision from the presiding judge anywhere from 30 to 90 days after the conclusion of the trial.
• Your final option, if the trial judge does not overrule the claim denial, is to file a Petition for Reconsideration, prompting a formal review of the decision.

At every stage of the process, it is highly advisable to work with a knowledgeable workers’ compensation attorney who can advise you of your rights and various legal options. While you may be able to appeal a workers’ compensation claim denial, you may have limited options if you have made any mistakes which bar you from collecting compensation.

Contact Wax & Wax, A Law Corporation

The best way to avoid common workers’ compensation mistakes is to work with an attorney from the very start of your claim. At Wax & Wax, A Law Corporation, our Glendale workers’ compensation attorneys can provide you with personalized legal counsel based on our years of expertise.

Related Reading

• Five Common Workers’ Compensation Mistakes
• Common Mistakes That Could Affect Your Workers’ Compensation Case