Workplace injuries can happen to anyone and at any time. Once you receive an injury at work, you should immediately report it to your superiors and seek medical attention. However, there are instances where you may be left without your benefits. The reasons could be any of the following:
- Not reporting the injury on time (usually you have 30 days to report the injury to your superiors)
- Not filling a claim in time (typically 30 to 90 days is given to the injured individual to file a claim)
- Your employer disputed your claim
- Your injury is not compensatable
- Not seeking medical attention
- Insufficient evidence to prove that the injury is work-related
- No witnesses
- Suspicion of fraud
- Incomplete paperwork
- The injury is related to a pre-existing injury
If your initial claim is denied for any of the above-listed reasons, you should immediately consult with Workers comp lawyer San Diego and seek their professional opinion. They can help you with your claim, even if it was denied initially.
Appealing A Worker’s Compensation Denial
The first thing that is usually done is an appeal to the denied claim. Your attorney ill compose a letter and send it within the deadline determined by the state laws. Missing a deadline will once again, leave you without your benefits. So, if your claim is denied and you don’t have an attorney, doing everything alone will be challenging and extremely difficult. Missing even one document will result in second and final denial of your benefits and you will never receive your benefits or get another chance of obtaining them for the current injury.
In order to determine the reason for the first denial, you and your attorney should meet with your employer and the insurance provider to determine whether or not the issue can be solved (clerical error, misunderstanding, missing document).
Keep in mind that the process of filing an appeal is very complicated and exhausting and is best handled by someone with experience. Contact San Diego Workers Compensation Attorneys and schedule your initial free consultation to learn what it takes to file an appeal and how they can help you secure and recover your benefits.
Getting A Second Opinion
Did you know that you can get checked by another doctor for a second opinion? Just because the initial doctor didn’t find your injury severe enough, that does not mean that it is not severe. Hiden, Rott & Oertle, LLP attorneys can help schedule another appointment with another doctor and after a careful inspection, the doctor may give another opinion, different from the one from the initial doctor. That could change everything, as you may get enough evidence (the doctor’s report) to file an appeal and provide the Board with enough information about your injury, proving that it is work-related or that it aggravated a pre-existing condition, which is still compensatable by the law.
Remember that you have options and that you should not give up even after your initial claim has been denied. Contact best attorneys at Hiden, Rott & Oertle, LLP and find out more about denied claims and your legal options following an initial denial.