Being turned down for workers’ compensation does not mean you were not hurt at work or that you are not entitled to compensation under California law. The reason your employer denied your claim could be technical and have nothing to do with the facts. Or it could be an attempt by the company to deny you the benefits you need and deserve.
Here are six common reasons San Diego employers reject workers’ comp claims filed by their employees:
- Reported too late. California regulations require you to report a work injury to your employer within 30 days.
- Filed too late. In addition, you must file your workers’ comp claim within one year of suffering your injury or discovering its existence.
- Injury is not compensable. Not every type of work-related illness or injury is compensable under state law, though most are.
- You haven’t sought medical attention. You generally must get medical treatment to qualify for workers’ comp.
- Lack of evidence the injury is work-related. Your claim must show a connection between your work duties and your injury.
- Other disqualifying reasons. For example, your employer could claim that you injured yourself during horseplay and not while doing your work duties.
It is easy to make a mistake in your workers’ comp application, but it is not the end of the world. Most, if not all, of these reasons for denial can be appealed. A workers’ compensation attorney can help fix the weak spots in your claim on appeal and make your case as strong and clear as possible based on the law and the evidence.