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What Can You Do If Your Workers’ Compensation Claim Is Denied?

On Behalf of | Nov 30, 2018 | Workers' Compensation |


Each year in the United States, millions of people are injured in the workplace. In fact, the Bureau of Labor Statistics reports that there were around 2.8 million nonfatal workplace injuries or illnesses last year alone.

While most of these injuries and illnesses are covered by workers’ compensation insurance, there are times when a claim is denied. In that case, you need to know where to then. At Hiden, Rott & Oertle, LLP, our qualified and experienced team is ready to step in and help you get the compensation you deserve.

When you need a workers’ compensation attorney in San Diego, we are ready to help.

Why Be Denied?

There are a few reasons you could be denied workers’ compensation insurance. Some of them are technical reasons while others have to do with the nature of the injury itself.

Reporting: You need to make sure to always report and injury to your supervisor injury immediately. Many companies will them handle filing a claim with the state workers’ compensation agency for you. Some may not, so you need to ask about that when you report an injury. If you miss reporting deadlines, your claim will probably be denied.

Each state has different filing deadlines and these deadlines change depending on the type of injury or illness that has occurred. For example, most trauma injuries have shorter deadlines (one to three years), while repetitive motion injuries, occupational diseases, or mental health illnesses may have considerably longer deadlines.

Remember, even if a workplace injury seems minor, it is still a good idea to report it. You never know if the symptoms you are having are part of a larger occupational injury or can lead to one.

Type of Injury: When it comes to injuries that take longer to show symptoms, there may be some dispute over whether or not the injury happened due to the workplace at all. This is more common when it comes to repetitive stress injuries, also known as cumulative trauma injuries.

We also see this with things like respiratory illnesses and common workplace cancers.

Mental health illnesses are commonly caused by the workplace but can be harder to pinpoint on exact causes. We know that many jobs are high-stress and can cause workers to experience depression, anxiety, and even PTSD.

Moving Forward From Here

If your workers’ compensation claim is denied, do not panic. First, secure a skilled and qualified attorney so that you can begin the process of fighting your case. At Hiden, Rott & Oertle, LLP, we want to make sure you are taken care of. We do not think it is fair that you and your family have to suffer financially if you were hurt at work.

We will work diligently to recover the compensation you need for all of your injury-related expenses. This includes medical costs as well as lost income, something that workers’ comp should have covered.

When you need a workers’ compensation attorney in San Diego, you can contact us for a free consultation by clicking here or calling our office.