San Jose Denied Workers’ Compensation Lawyer

San Jose Denied Workers’ Compensation Attorney

Many occupations require employees to be introduced to dangerous or unsafe working conditions. It is unfortunately common for workers to experience injury or illness. Workers’ compensation claims help eliminate the financial burden of these accidents. Employers can attempt to deny such claims, subsequently devastating the worker both economically and emotionally. It’s crucial to hire a San Jose denied workers’ compensation lawyer.

What Qualifies for Workers’ Compensation?

Employees may file workers’ compensation claims after suffering an injury or illness that was acquired due to a workplace or work-related incident. As an experienced Workers’ Compensation Lawyer, it is important to understand that these claims apply specifically to employees and not independent contractors. Independent contractors may still pursue personal injury compensation through other legal avenues.

Employees in certain fields are more likely to experience injury or illness as a result of their line of work. A study performed by the U.S. Department of Labor, Bureau of Labor Statistics, observed that from 2021-2022 these industries experienced the highest rates of worker compensation claims:

• Service Industry
  • Accounted for 24% of all claims (538,380)

• Transportation
  • Accounted for 22.4% of all claims (503,610)

• Production/Warehousing
  • Accounted for 10% of all claims (223,840)

• Healthcare
  • Accounted for 10% of all claims (223,680)

Musculoskeletal disorders (MSDs) are some of the most common injuries suffered by workers in such industries. These injuries may present as muscle strains, sprains, and even tears. Other common incidents include vehicular collisions, slips or falls, falling objects, unsafe equipment, lacerations, burns, and diseases caused by chemical or environmental exposure.

Reasons for Workers’ Compensation Denial

Workers’ compensation claims may be denied by employers for a variety of reasons. However, with skilled legal representation, employees may appeal against these denials. Such appeals are handled by the California Workers’ Compensation Appeals Board (WCAB). In San Jose, the Division of Workers’ Compensation (DWC) district office is located at 224 Airport Parkway, Suite 600.

Common reasons for workers’ compensation denials include, but are not limited to:

• Failure to report the injury to an employer within 30 days of the incident.
  • California requires the injured party to notify their employer of the injury or illness within 30 days.
• Missed statute of limitations.
  • In California, the statute of limitations on workers’ compensation claims expires one year after the date of the incident.
• Improper or inaccurate paperwork.
  • Improper filing of paperwork or inaccurate information can place a claim at risk of being denied.
• Pre-existing conditions.
  • Employers may attempt to argue that the injury was not the result of a workplace incident, but rather a pre-existing injury or disability.
• The claim was filed after termination.
  • If a workers’ compensation claim is filed directly or soon after an employee’s termination from the company, it may be denied if it is deemed vengeful or retaliatory.

Wiesner English, P.C. – Locally Trusted Personal Injury Attorneys

At Wiesner English, P.C., we recognize the many struggles associated with a denied workers’ compensation claim. Our team is dedicated to workplace injury, getting our clients the compensation and justice they deserve for their hardships. With experience representing clients from all industries, whether you are a waiter or an educator, our skilled attorneys are ready to represent you.

When Should Someone Hire a Denied Workers’ Compensation Lawyer?

If your workers’ compensation claim has been denied, it is important to contact an attorney immediately after you have been notified that the claim was not approved. It is especially pertinent to seek legal counsel if your claim involves severe injury, permanent disability, or complex injuries.

These cases are highly sensitive, and your livelihood may depend on the outcome. However, the right legal counsel can be a strong advocate for you every step of the way.

FAQs About Denied Workers’ Compensation Law

How Much Does It Cost to Hire a Workers’ Compensation Lawyer in San Jose?

The cost of a workers’ compensation lawyer in San Jose is ultimately dependent on several factors. The complexity of the case, the severity of the injury, and the skill of your attorney can all impact the final cost of a lawyer for a denied workers’ compensation claim. To explore your options, seek a consultation with one of our trusted attorneys today.

What Should I Do if My Workers’ Compensation Claim Is Denied in San Jose?

If your workers’ compensation claim has been denied, it is crucial that you contact an attorney and appeal the denial as soon as possible. This can have a strong impact on the ultimate success of your case. Continue medical treatment and collect as much evidence as possible that suggests there is a link between your injury and a workplace incident.

What Benefits Can I Recover After a Denied Workers’ Compensation Claim Is Approved?

Workers’ compensation claims, even those that have previously been denied, can award injured employees with full comprehensive benefits. This means coverage for medical bills, lost wages, future medical care, and pain and suffering. In case of permanent disability, these claims may also cover physical or vocational rehabilitation and permanent disability services.

Can I Be Fired for Filing a Workers’ Compensation Claim in California?

No, it is illegal to be fired for filing a workers’ compensation claim in California. If an employer has attempted to terminate your employment due to a workers’ compensation claim, it is highly advisable to seek the aid of an attorney as soon as possible.

This is a direct infringement upon your rights and is an extremely serious violation of California employment law under California Labor Code Section 132a.

What Makes a Strong Denied Workers’ Compensation Case?

To develop a strong appeal against a denied workers’ compensation claim, the evidence is key. With more documentation of the injury and the incident, it can be easier to refute the claim that your injury was not obtained at your place of employment. Evidence in these cases may include medical reports, eyewitness testimony, and prompt reporting of the incident.

Contact the Office of Wiesner English, P.C., Today

If you or a loved one’s workers’ compensation claim has been denied, contact our team today to consult with a locally trusted workplace injury attorney.