Denied Workers' compensation claims in San Diego.

If you are injured on the job, it is of the utmost importance to report the injury to your employer. Prompt reporting and transparency can mean the difference between the acceptance or denial of your claim. If the injury is serious or life-threatening, seek medical attention immediately. Be sure to inform the medical staff that your injury is job-related.

Filling Out a Workers' Compensation Claim Form

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After you have been treated for your injury, you may choose to fill out a claim form. Your employer is required to give you a Workers’ Compensation claim form (DWC 1) within one working day after you report your injury or illness. Read the instructions carefully on the form and fill out the “employee” section.  You will need to describe your injury in detail.

After you have made a copy of the DWC 1 form for your records, return the original form to your employer.  This is called “filing the claim.” If you do so by mail, be sure to use first-class or certified mail, and request a return receipt. Within one working day, your employer must give or mail you a copy of the completed form with the “employer” section filled in. Keep this for your records.

What If My Workers' Compensation Claim is Denied?

Although you follow proper protocol for filing a workers' compensation claim, your claim still may be denied. Common reasons for a workers' compensation claim denial include not filing on time, or the claim is disputed by an employer. 

If you are having issues filing a claim, or if your claim has been denied, call us today. The professional attorneys at the Law Office of Gerald D. Brody & Associates are here to assist you and help you make sense of the complicated workers' compensation system. Give us a call at (619) 528-9800.