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Missed Deadline Workers' Compensation Claim Denial Appeals

Unfortunately, workers’ compensation benefits are not always guaranteed in cases of an on-the-job injury. Your employer’s insurance provider can deny your claim for a number of reasons, such as determining your injury was not work related, or the injury does not otherwise qualify for compensation. In some cases, workers’ compensation claims are denied because the injured employee did not file their claim or receive medical treatment by the defined deadlines.

Workers’ compensation claim denials can be appealed. Appeals in cases of missed deadlines can be complex, but are not impossible. It is crucial to report a work injury quickly to receive the benefits you deserve. If you failed to report a work injury in a timely manner and were denied compensation, contact our attorneys to discuss an appeal strategy.

What is the Deadline for Filing a Workers’ Compensation Claim?

The statute of limitations for filing a workers’ compensation claim is one year after the date of injury. However, you should report the injury to your employer as soon as possible. If you do not report the injury and then attempt to file a workers’ compensation claim, even if it is within a year of the incident, your claim will likely be denied.

Common Reasons for Missing a Filing Deadline

After a work injury, recovery should be your main focus. When committing your time to medical care, especially for a severe injury, you can forget to file your claim, or be unable to for another reason.

Some reasons you may miss your filing deadline include:

  • Your injury rendered you unable to file a report when necessary.
  • You were unaware of the reporting procedure because your employer failed to inform you of the company’s workers’ compensation policies.
  • Your employer (or manager) saw the work accident happen, or otherwise knew of the incident, and you did not formally report it.

What Should I Do if my Workers’ Compensation Claim Was Denied?

If your workers’ compensation claim was denied for any reason, contact our team of attorneys today to schedule a free consultation. At Smolich and Smolich, we are prepared to do what is needed to get you the benefits you deserve.

Call (916) 571-0400 or send us a message to speak with our skilled lawyers.