Getting your California workers’ comp claim denied can be a frustrating experience. Most workers who have been injured in the course of their traditional work have a right to workers’ compensation because there are relatively few positions that do not require an employer to carry workers’ comp insurance.
This means that there is a good chance you are eligible for benefits if you have been injured or contracted an illness through work. However, it is not always easy to get California workers’ comp benefits as most people expect. You may discover that your claim has been denied and being familiar with some of the most common reasons for claim denial can help you to avoid this situation.
The first and most common reason for a California workers’ comp claim to get denied is not getting medical treatment. You will need medical records and to show consistent care and seeking of diagnostic health in order to increase your chances of a workers’ compensation claim approval.
It is important to reschedule any medical appointments that you miss. The employer can also dispute your claim, which is another common reason for a California workers’ comp claim denial. The employer might allege that you were not doing work related activities when the injury occurred, that the injury occurred outside of work, or some other situation such as you being under the influence of alcohol at the time of the accident. Finally, waiting too long to report the injury could increase denial rates.
Depending on the circumstances you may not recognize at first that your injury is related to work but you should inform your employer as soon as you make this connection. In general, you have 30 days maximum to give your employer written notice of the injury after you have discovered it. If you need more assistance with your workers’ comp claim in California, schedule a consultation with a knowledgeable attorney.