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When Should You Challenge a Denied Workers’ Compensation Claim?

man holding claim denied cardThere are several reasons why you should consider appealing your denied workers’ compensation claim. Even if you are unsure if you have a strong claim, you should at the very least discuss the situation with an experienced attorney who has appealed before and understands what it takes to be successful.

Whether you think it is obvious you are eligible for benefits or you have questions, you can call Berry, Smith & Bartell to set up a free legal consultation. There is no obligation for you to hire our firm after this free meeting.

After reviewing your claim, we can explain whether we think we may be able to obtain benefits on your behalf. If you choose to hire us, we will not be paid unless we recover compensation on your behalf.

You Were Injured at Your Work Site While Doing Your Job

While a workers’ compensation insurer may have a good argument if you were injured on your lunch break or in the parking lot, you may have a very good chance of overturning a denial if you were doing your job when the injury happened. You could have slipped and fell while walking from one workstation to another to complete a task and you would likely be eligible.

Injuries that occurred offsite may be much harder to validate compared to injuries that happened on work premises.

You Have Received Consistent Treatment for an Occupational Disease

It can be difficult to link a slow-developing disease to your employment. However, if you have been seeking treatment for this condition on an ongoing basis and have told your doctor how the condition affects your work, you may have a valid claim. These treatment records can help your lawyer establish a link between your job and this medical condition.

People Witnessed Your Injury

It may be tough to validate your claim if no one else saw your injury. However, if there were witnesses, particularly witnesses who came to your aid when you became injured, it would be very difficult for the denial of your claim to be upheld on appeal.

Make sure to note the names and contact information of any witnesses and let your attorney know, so he or she can get in touch with them.

There is Video Footage of You Getting Hurt

If there were security cameras pointed in your general direction when you were hurt, the footage may help validate your claim. You can discuss obtaining the footage with your workers’ compensation attorney.

Coworkers Who Were Injured in Similar Situations Obtained Benefits

While each situation is unique, if another worker in your department sustained a similar injury or was hurt in a situation like yours, you may have a strong case.

The Insurance Company Claims You Have a Preexisting Condition

If you reported the injury immediately and you followed the other requirements of the workers’ compensation system, you may be able to overturn a denial based on a claim of a preexisting condition. You may have a preexisting condition, but that condition may have been aggravated by your recent injury.

Regardless of why your claim was denied, you may be able to overturn it on appeal. However, it is important to have legal representation. An attorney can review your situation to determine if it is likely an appeal would succeed. Then, he or she can manage the process on your behalf, investigating to compile more evidence and build a strong argument for why the denial should be overturned.

Employers and workers’ compensation insurers know the thought of appealing a denied claim can seem overwhelming to injured workers. That is why some legitimate claims may be denied – insurers may be hoping the worker will simply give up. Before you decide what to do about your claim, call an attorney to discuss it in detail. Workers’ compensation benefits are very important after a workplace injury.

Contact Us Today to Learn More About Your Legal Options

There is no risk in speaking with a licensed attorney about your workers’ compensation claim. At Berry, Smith & Bartell, our Bakersfield workers’ compensation lawyers work on contingency, so there are no upfront fees and no obligation to hire our services.

We have helped many injured workers appeal their denied claims and recover compensation. We have extensive knowledge of California laws on workers’ compensation benefits and the appeals process.

For a free case evaluation with Berry, Smith & Bartell, a Professional Law Corporation call 1-800-848-6288 today!

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