The workers’ compensation system is supposed to provide a means for injured employees to maintain an income while they heal from their injuries, as well as provide compensation for employees who can no longer work because of severe injuries.
In many cases, the legal basis for compensation is plain and obvious. In others, it can be subject to debate. Because of this, there may be instances where a claim is unjustly denied, and an attorney must become involved. When this happens, an experienced workers’ compensation lawyer will look at a number of issues to advance a claim. This post will highlight a few.
Rules violations – California’s workers’ compensation code is fairly specific when it comes to the different forms that are required, when they should be used and the specific procedures necessary when issuing a denial. A skilled attorney will look to see if any violations exists in issuing a denial that could help in overturning it.
Factual disputes – There also may be instances where a claim may be denied because inadequate information has been supplied (or even requested) that would help in detailing what actually caused the injury or the extent of them. A lawyer could help in furthering an investigation to unearth relevant facts or to resolve factual disputes.
Challenging the legal basis – In the same vein, a skilled workers’ compensation attorney can also challenge the statutory basis for denying a claim. If a claim is improperly denied, an offending employer could be subject to a host of penalties, including the payment of attorney’s fees.
If you have been injured and your workers’ compensation claim has been denied, an experienced attorney can advise you.