How To Prevent A Workers’ Compensation Claim From Being Denied

BY: Koszdin | Thursday, July 14, 2022.

Workers’ compensation laws in California are among the most worker-friendly in the entire nation. Nearly every employer in our state has a legal obligation to purchase workers’ compensation insurance. However, while our laws may be admirable, this doesn’t mean that recovering workers’ compensation benefits are always easy.

If you’ve been injured in a work-related accident or you’ve developed a medical condition as a result of your work duties, you can file a claim to recover workers’ compensation benefits. Upon doing so, you might soon learn that workers’ compensation insurance carriers are not necessarily incentivized to pay claimants what they deserve. As profit-driven businesses, insurance companies often deny claims.

Employers may also fear that their insurance premiums will rise if workers receive the benefits they are owed. Thus, employers may attempt to deny claims as well.

This doesn’t need to happen to you. Steps you can take to minimize the chances of your workers’ compensation claim being denied include the following:

Reporting the Accident

Unless you are so severely injured that you need urgent medical attention, after being involved in a workplace accident, report the accident to your supervisor or the highest-ranking member of the company on the property.

Depending on where the accident occurred, security cameras might have caught footage of it. If you believe this to be the case, tell your supervisor or the property owner to not delete the footage. Make sure there is a record that you made this formal request.

Identify Witnesses

Determine which of your coworkers might have witnessed the accident. If there are any witnesses who aren’t coworkers, such as customers, get their names and contact information. Their testimony can be helpful if you need others to confirm you were injured while acting in the scope of your employment.

See a Doctor

This is critical. The fact that you haven’t yet noticed any major signs of injury doesn’t mean you are unharmed. For example, symptoms of an injury like a concussion may not present themselves until hours or even days after your accident. Additionally, an accident might have triggered an adrenaline rush. When adrenaline levels are high, a person may be less likely to notice signs of an injury.

Seeing a doctor immediately after taking the steps described above serves two purposes. One, it allows you to receive any necessary medical treatment as soon as possible, boosting your odds of enjoying a swift recovery. Two, it shows that your injuries resulted from your workplace accident. This will make it difficult if not impossible for an insurance company to deny your claim by suggesting you might have been injured in an unrelated incident that occurred after your accident in the workplace.

Hire an Attorney

Don’t face the insurance company alone. At Koszdin, Fields & Sherry, our Van Nuys workers’ compensation attorneys are prepared to help you show why you are eligible to recover benefits. We can help even if you have already filed a claim and it has already been denied. Learn more by calling us today at 818-812-5639.

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