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California’s laws require all employers to carry workers’ compensation insurance on full and part-time employees. If you are hurt on the job or become ill from work-related problems, you may be eligible to receive at least a portion of your income through workers’ compensation benefits. Temporary and permanent disability payments and job retraining could help you continue to care for your family.
But what if these benefits are denied? There are various reasons for denials, such as an incomplete claim, or an adjuster disagreeing that your injury was work-related. However, a rejection does not have to be the end of your legal journey. Claimants are eligible to provide additional evidence or clarified information when faced with denial.
Unfortunately, this process can be very complicated, especially without the guidance of seasoned legal counsel. A Visalia workers’ compensation denial lawyer understands what steps must be taken to rectify this unfavorable decision. Contact our firm today to discuss your unique situation with a dedicated worker’s compensation attorney.
Once injured on the job, employees must follow specific protocols to receive workers’ compensation benefits. Although they do not have to prove fault, they cannot just speak to a supervisor about an injury; they must put it in writing. Additionally, they must prove that their job caused or worsened their harm. Common reasons for claim denials include:
Injured employees should not give up if their claim is denied. Sometimes, a claim may be rejected simply because of a misinterpretation. If this is the case, a misunderstanding with a claims administrator can often be cleared up with a further explanation or additional information. If someone believes they are eligible for benefits but had their claim denied, they should contact a Visalia worker’s compensation attorney immediately.
Claims adjusters are employed by the insurance companies or third party administrators. These adjusters, while they are supposed to look at the claims objectively are paid for by insurance companies whose profits rely on them denying claims, not approving them. Because of this you need to make sure the adjuster has all of the information needed to accept a claim, but even when you have this, they are often still denied. An attorney serving Visalia understands what an adjuster looks for when approving or denying a claim and could ensure this information is included.
When a claim is denied, the applicant can appeal the denial by filing an application with the Workers Compensation Appeals Board and then filing a Declaration of Readiness to Proceed to start the process in getting a trial in front of a judge. A Visalia attorney is the call to make to ensure a worker’s compensation claim is filed correctly, or to dispute a denial.
California law mandates that your employer must provide insurance that covers you if you are hurt or become ill due to your job. Whether you work full-time or part-time, you have a right to this insurance and the peace of mind it offers. However, if you file a claim and an adjuster denies it, that peace may seem out of reach.
Do not despair. The Division of Workers’ Compensation offers ways to challenge a denial, although they come with strict deadlines and complicated procedures. Your denial could be overturned, and our experienced attorneys could exhaust every avenue to do so. If you were harmed on the job and your insurance claim was denied, a multi-lingual Visalia workers’ compensation denial lawyer could help. Call our firm today to schedule your appointment.