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Law Office specializes in Worker Compensation in Redding and Susanville, CA and surrounding Shasta and Lassen Counties.
So, you were injured on the job, filed a DWC-1, injury report, and you have gotten notice the claim has been denied. What do you do next?
Simple. You should contact an attorney in your area who has experience in California Work Comp claims. Why wouldn’t you? Most attorneys will not charge you to discuss the claim, answer your questions or even meet to review the facts and discuss the benefits you are entitled.
There are a number of reasons the insurance company might give for denying your injury claim, including:
- The injury didn’t happen at work or in the course and scope of your employment.
- Your medical or physical problems are the result of a pre-existing problem.
- You were not an “employee” as defined by the work comp laws in California.
But the big one seems to be:
"There is no medical proof or support for your claimed injury."
There are other defenses to a work comp claim but these are the most common. The insurance industry counts on the fact a certain percentage of people will not pursue a claim after it has been denied, therefore some of these denials are invalid.
Many people simply do not want to hire a lawyer or “make waves” with their employer. Other people assume that if the claim is denied, the insurance company must be correct and there is no claim to pursue. Or, it might just seem easier to let your health insurance company pay the medical bills and continue to work in pain every day.
None of these are good options if you were hurt on the job. Choosing to walk away from a potential work injury claim is simply a bad idea. It benefits the insurance company by saving them money. It hurts you if you have a legitimate claim which should be paid by workers compensation, not only now, but if you continue to have problems down the road with your current or a new employer. It only gets more difficult to prove a claim the longer you wait.
At the very least, it’s a good idea to consult with an attorney to see if you have a claim. Once an employees claim has been denied often they are intimidated by the insurance company or afraid to fight back. Or, they are afraid hiring a lawyer will cost them a lot of money. Sometimes my honest opinion is that there is no claim. More often than not, however, people I speak with have legitimate claims which are definitely worth pursuing.
The insurance company has lawyers and experienced claims adjusters handling their cases and they are aware many of the denied claims are legitimate but the people will not pursue them. Chalk another victory up to the insurance company.
If you have been injured on the job, or if you have a medical condition or disability which you believe was caused or aggravated by your work activities, immediately file a report of injury with your employer. If the claim is then denied or if you have any questions or concerns, contact us for a free consultation to discuss your rights, benefits, and options.
Orthopedic injuries include:
Internal injuries include:
- Compensable consequences from orthopedic injury include internal and psychological consequences as well as corresponding body part issues.
- Joint injuries include wrist, hand, knee, ankle, shoulder injuries and others as well as continuous trauma (CT) injuries, such as carpal tunnel syndrome.
- Neck, back and spinal injuries include CT and specific injuries, and they can often cause long-term disabilities, such as paralysis.
- Burn injuries can be caused by chemical exposure, fire and electric shock.
- Amputation and crush injuries often involve heavy machinery, loads or vehicles, and they can also result from defective machinery or negligence at work.
Psychological injuries include:
- Stress, hypertension, damage from chemical exposure or cascading injuries from other issues.
Catastrophic injuries include:
- Emotional, discriminatory and stress-related matters.
- Wrongful death, burns, impalement, paralysis or any injury which causes serious complications.
Key Practice Areas:
My California Workers' Comp Claim has been denied. Now What?
Contact Redding Law Offices
Our Redding work comp lawyers are ready to evaluate your specific case and work for the assistance you need to receive the benefits you are entitled. Call us at (530) 222-9700 or e-mail us to schedule a free initial consultation.
Call for a FREE CONSULTATION 530.222.9700