Workplace injuries can be devastating, both physically and financially. Fortunately, California workers have the right to file a workers’ compensation claim in the event of an injury or illness that occurs on the job. However, not all claims are approved. There are several reasons why a claim might be denied, including failure to report the injury in a timely manner, drug or alcohol use, pre-existing conditions, willful misconduct, and failure to follow safety procedures. In order to ensure that your workers’ compensation claim is approved, it is important to understand the requirements and guidelines of California workers compensation law. This means reporting injuries as soon as possible, following safety procedures, and avoiding behaviors that could put yourself or others at risk.
Here are common reasons why claims are denied.
- Failure to Report the Injury: John had been working at a warehouse for several years and was known for his strength and dependability. When he injured his back lifting heavy boxes, he tried to tough it out, but the pain became too severe. Instead of reporting the injury to his supervisor, John went to the doctor on his own and tried to keep working. When his doctor informed him that he needed to take time off to recover, John finally reported the injury to his supervisor. Unfortunately, because he had waited so long to report the injury, his workers’ compensation claim was denied.
- Intoxication or Drug Use: Anna had been struggling with addiction for years, but had managed to keep it hidden from her employer. One day, she showed up to work under the influence of drugs and began operating heavy machinery. Her coworkers noticed that she seemed disoriented and unsteady, but they were afraid to confront her. Tragically, Anna’s machine malfunctioned and she suffered a serious injury. When she filed for workers’ compensation, her claim was denied because her drug use was a contributing factor to the accident.
- Pre-existing Conditions: Mike had injured his back years ago while playing sports, but had managed to keep it under control with regular chiropractic visits. However, when he started working at the manufacturing plant, he was required to lift heavy objects on a regular basis. Over time, his back pain became more severe, until one day he could no longer bear it. When he filed for workers’ compensation, his claim was denied because his pre-existing condition was a contributing factor to the injury.
- Willful Misconduct: James had been driving trucks for years and was considered one of the best in the business. However, one day he was running late for a delivery and decided to ignore a stop sign. As he drove through the intersection, he collided with another vehicle and caused a serious accident. When he filed for workers’ compensation, his claim was denied because his actions constituted willful misconduct.
- Failure to Follow Safety Procedures: Maria had been working on the assembly line for several months and had become complacent about safety procedures. One day, she was assigned to operate a machine that required protective eyewear, but she chose not to wear it. As she worked, a small piece of debris flew into her eye and caused a serious injury. When she filed for workers’ compensation, her claim was denied because she had failed to follow safety procedures.
If your workers’ compensation claim has been denied, don’t give up hope. A workers’ compensation lawyer can help you navigate the complex legal process of appealing the decision and ensure that your rights are protected. A lawyer can also help you gather and present evidence to support your claim and negotiate with insurance companies and employers on your behalf. By working with a skilled attorney, you can increase your chances of receiving the compensation you deserve and focus on your recovery without having to worry about the financial burden of your injury. Contacting a workers’ compensation lawyer in California can help you understand your legal options and take the necessary steps to appeal a denied claim.
******THIS IS NOT INTENDED AS LEGAL ADVICE. IF YOU HAVE QUESTIONS PLEASE CONTACT US OR SEEK AN ATTORNEY IMMEDIATELY******
