Glendale Denied Workers' Compensation Attorney
What Do I Do If My Workers' Compensation Claim Is Denied?
If your workers’ compensation claim has been denied by your employers’ insurance, you can appeal the decision. Appeals must be filed within strict deadlines and the process can be complicated. In order to seek the payment that you may be entitled to, contact a workers’ compensation attorney from the Law Offices of Wax & Wax. We have over 100 years of combined experience helping clients throughout Glendale, Santa Clarita, Burbank, and the greater Los Angeles area.
Why Was My Workers' Compensation Claim Denied?
You Didn’t Report the Injury or File a Claim on Time
In California, you have just 30 days from the date of your injury to notify your employer. For chronic conditions or other injuries which occur over time, you have 30 days from the date you suffer disability due to the injury. As a best practice, however, you should report the injury to your employer as soon as possible. The sooner your report your injury, the more likely it is that the insurance company will take your claim seriously.
Your Employer Disputed the Claim
Workers’ compensation is an insurance policy – just like your car insurance, the rates will increase if you have to use it. As a result, many employers will dispute aspects of your claim, such as whether or not the injury even happened at work. For this reason, it is critical to retain a Glendale workers’ comp lawyer who can help you build an airtight case.
Your Report & Medical Records Don’t Match Up
It is very important that your injury report to your employer be supported by your medical records. As an extreme example, employees who report a broken leg, but actually suffered a broken arm, will have their claims denied. More commonly, injuries are exaggerated in a report in an attempt to strengthen the workers’ comp claim – the alleged broken leg is simply a sprain, for instance.
You Filed After Being Laid Off or Fired
Sometimes, insurance companies will deny legitimate claims because they think the employee is acting vengefully after being fired or laid off. It is often difficult to convince these companies that your claim has merit, but it is possible with help from an experienced Glendale workers’ comp lawyer. This serves as a reminder, however, of the importance of reporting your injuries as soon as possible.
Other Reasons Your Workers' Comp Claim May Have Been Denied
In addition to the above-listed reasons, a denial may also occur because the claims adjuster found issues with any of the following:
- Your injury didn’t occur while on the job
- Your injury was caused by a preexisting condition
- There is a dispute about the extent of your injuries or the best course of treatment
- You failed to provide a specific document or did not fill something out correctly
In these cases, trust our attorneys to assist you. No matter what your circumstances, contact us at (818) 946-0608 to learn how our denied workers' comp attorneys in Glendale can help.
What Is the Appeals Process?
Whether or not you should fight a denied claim can depend on a number of issues, such as the extent of your injuries, why your claim was denied, and the nature of your dispute. Other issues that can impact your decision include whether you’ve been completely denied, or only portions of your claim have been rejected, such as when insurance refuses to authorize surgery. When you do decide to appeal a decision made against you, an attorney can help file your claim in a timely manner.
Filing formal appeals includes:
- Speaking to your insurer to learn why your claim was denied
- Filing a formal appeal within the deadlines, including a Petition for Reconsideration
- Being evaluated by a qualified medical examiner (QME) or an agreed medical evaluator (AME)
- Bringing your case in front of a judge or review board at a hearing
The amount of your settlement and the time it takes to receive payment after the appeals process depends on your individual circumstances. At the Law Offices of Wax & Wax, we always keep your best interests in mind throughout the entire process. Our goal is to resolve your case favorably in a fast timeframe.
How a Workers' Comp Appeals Attorney Can Help
No matter what your situation, our lawyers are here to listen to your needs and help you with your legal goals. We do whatever is necessary to prepare you for depositions or trial and make sure you are informed of your options. As a result of our reputation, we have more credibility with insurance companies and defense attorneys. They know our findings are accurate and can trust our conclusions. Our authority aids us in achieving a smoother course to a resolution in your appeal.
Trust in Our 100+ Years of Combined Experience
Fill out a free case evaluation today if your claim has been denied. We hold appointments in Glendale and Santa Clarita.