Why Was My California Workers' Comp Claim Denied?
Attorney Kenton Koszdin Explains Why Some People May Not Receive Worker’s Compensation
There can be many reasons why a workers’ compensation claim is delayed or denied. Unfortunately, the process can be complicated and drawn out, but an experienced and aggressive workers’ compensation attorney can fight to ensure that the injured workers’ rights are protected and that he or she receives rightful compensation. If you or a loved one is waiting to learn about whether your claim has been accepted or denied, please review the following potential explanations and options and then contact the Kenton Koszdin Law Office to discuss the best course of action for your case:
- The insurance company and your employer will have 90 days to investigate your injury claim.
You will not be able to request a hearing with the Workers’ Compensation Appeals Board (WCAB) until after this review period.
- Your benefits may be delayed or cut off if you have failed to attend any medical appointments.
If you are unable to show up to an appointment, notify your doctor and reschedule for a better time.
- If your MPN doctor says that you can physically perform a modified or alternate form of work offered by your employer, you have only two options.
You must either perform the work until your attorney can obtain a second medical opinion and a conference date with the WCAB, or you will not receive any benefits. Unfortunately, this process can take roughly two to five months.
- Your claim may be denied if your injury was not evaluated by an Agreed Medical Evaluation (AME) or a Panel Qualified Medical Evaluation.
Unfortunately, obtaining a medical opinion from one of these sources, rather than your own doctor, can cause significant delays or a denial.
- In many cases, benefit checks are delayed due to the time it takes for the mail to be processed at the post office.
These delays are exacerbated during the holiday season, tax time, and weekends. If you have not received your check at least five days after the expected date, please contact the Kenton Koszdin Law Office. We will be able to report that the check has been lost or place a stop payment. If you have received your check after we have placed a stop payment, do not cash it. You will have to return the check in order to receive a new, valid one.
- Remember that payment of medical mileage or medical expense reimbursement is not considered late until after 70 days.
The insurance company will have 60 days to make appropriate payments.
Get the Help You Need Today
Please do not hesitate to contact Kenton Koszdin or one of the knowledgeable attorneys at the Kenton Koszdin Law Office with your questions about late benefit payments at (800) 438-7734. We will need to know the type of benefit payment you expect to receive, including temporary disability, permanent disability, medical expense reimbursement, and medical mileage. We are dedicated to helping individuals resolve the many issues that can impact Social Security disability and workers’ compensation claims.