If you have suffered from an injury at your workplace in San Diego, then file for a workers’ compensation claim. However, it has been noticed that not every claim goes through a “pass test,” and some get denied. Thus, it is crucial to understand the reason behind the denial. You must consult with a lawyer to prepare a stronger case. Here, we have discussed the factors that can lead to denial of compensation.
- Delayed Reporting of Injury
The timeframe is highly important when it comes to filing a compensation claim for any workplace injury. Thus, you have to report the workplace injury instantly to ensure that the claim will be considered and taken to be valid. Go through the employer’s policy and learn whether it indicates immediate or same-day reporting. If there is a delay, then it can generate doubt about whether the injury actually happened at work or not.
- Incorrect or Incomplete Claim Forms
When filing for the claim, you must check out the paperwork; it should be accurate with no room for mistakes. Any error, be it missing details or incorrect dates, can lead to denial of the claim. So, you must get help from a personal injury attorney San Diego. They can help you provide precise details and review the forms carefully without any typos. Also, you must include medical records or witness statements to boost the claim’s credibility.
- Lack of Medical Evidence
You must provide clear medical evidence that signifies that you have suffered an injury at the workplace, which will help grant the claim without any denial. However, things can go otherwise if the medical evidence is not supportive enough, leading to denial of the claim. So, it is always advised that the injured worker describe the symptoms consistently. You must also seek a quick medical checkup right after the incident.
- Employer Disputes
Employers often challenge your claim, arguing that the injury was the worker’s fault. In this situation, you must hire a lawyer who can tactfully handle the case. Otherwise, the claim will be denied. The employer might also argue that the injury occurred due to the unauthorized behavior of the employees, which disputes the claim. To fight back, you must have additional evidence and witness testimonies to validate the context of the worker and the injury suffered.
- Engagement in Prohibited or Unsafe Activities
If you were engaged in activities prohibited by your employer, your claim might get denied there. Also, using equipment without permission or being under the influence of alcohol or drugs can affect the claim. Claims would be rejected if you were reckless, which resulted in the accident. Thus, it is always essential to follow the safety protocols set by your workplace and go through the safety training organized by the employer.
Summing it Up
If your worker’s compensation claim gets denied, you can appeal a denial with the help of an experienced attorney. You must allow an expert to handle the legal matters without making any hasty decision. They know how to deal in such situations.
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