If you’ve gone through these blogs, then you know that workers compensation can be there for you when you’re hurt on the job. Instead of having to pay for all of your medical bills and other expenses related to the injury, workers compensation can take care of that for you. What we haven’t yet touched on in these blogs is what to do if your workers compensation is denied. Often, when we say that “you’re entitled to workers compensation” and “it’s in the Labor Code,” it can make it sound like your acceptance is automatic. It should be, but sometimes it doesn’t work that way. In this blog, a workers comp attorney in Los Angeles discusses what to do when your claim is denied.
Workers Comp Attorney in Los Angeles: After Denial
As we’ve mentioned before, as soon as you’re hurt on the job, tell your employer. Mention it to your supervisor or someone directly above you as quickly as possible. Once you do, a claim begins for your injury. This claim starts with your company’s workers compensation insurance agency. They have an adjuster who investigates your case. One of the main things they have to determine is whether r not your injury actually occurred on the job. Typically, we’ve found that this is when most claims are denied initially. It’s important for you to know: this does not mean that you’ll never receive these benefits. Please keep that in mind. We have many steps that we can take to ensure that you get the compensation that you deserve. This is just one more tactic that the insurance company can use.
How We Help
The first thing our office typically does when one of our clients has their workers compensation denied is to refer them for medical treatment. Remember: you don’t have to pay for these doctors. They bill the workers compensation insurance company. The doctor will make an evaluation of your health, and we’ll take it from there. At that point, a lot of different things can happen. For one, often the doctor determines that you are unable to work. In that case, you may get disability benefits from the EDD – Employment Development Department. You can get an entire year of benefits from that. That’s just one of the many different ways this could go.
Denial is Normal
That may be hard to believe, but it’s true. It’s perfectly normal for a workers compensation claim to get denied at first. In fact, many insurance companies will seemingly just denial from the get-go. It’s almost like a negotiating tactic. All that happens when your claim is denied is that our office files what’s called an “Application for Adjudication.” We file this with the local WCAB, or Workers Compensation Appeals Board. Even if that’s denied, we have options. Usually, we can get a neutral doctor opinion, under Labor Code 4060. Then the doctor, and not someone employed by an insurance company, can determine if you sustained an injury on the job or not.
A Track Record of Success
Not only has our office settled workers compensation claims that were first denied many times, we’ve often done it for over $100,000. We have a success rate of 99% in winning denied claims. See, that’s because the claim is initially denied by an insurance company. They are not, by any means, an uninterested, neutral third party. That’s why we do so well when we take it to court. There, the judge (and not the insurance company) determines if your case has value. Or, you could even settle before the case goes to a judge (depending on what the insurance company is offering).
As your experienced workers compensation lawyers, we know what makes a good case and what doesn’t. We know what fair compensation for all of your injuries is. So, we can tell you if the insurance company is offering a good deal to you or not. That way, you can use our experience to get all of the compensation you deserve for everything that you’ve had to go through. A workplace injury is too awful an experience to settle for less than you deserve. Just because an insurance company initially denies your claim is no reason to take less money than you’re worth.
Of course, helping with denied claims is just one way that our attorneys can help you. When an insurance company denies your claim, they hope that you’ll give up on it. It’s one more way that they hope to string you along and get you to lose heart. With our attorneys at your side, we’ll make sure that you get what you deserve for your injury. To schedule a free consultation and start the process, give us a call at (888) 277-6122 or head to our site.