This is a common occurrence in workers compensation cases that should not discourage you from pursuing your claims, but should alert you to speak with an attorney as soon as possible. Insurance companies often deny claims for a variety of reasons. The effect of a denial is that the carrier will cease from paying compensation for missed time from work and/or for any permanent disabilities you may have. You will want to speak to an attorney as soon as possible as there are time limits to how long you can wait before filing a case with the Workers Compensation Appeals Board.  A knowledgeable attorney will know how to proceed with your case despite the carriers denial and seek the compensation you are entitled to.

Even though you are no longer working for your employer you may still have a case.  Many workers compensation cases are filed after the injured worker is no longer working for his or her company.  However, as with any case, there are time limits as to the amount of time you may delay in filing a case, also known as the Statute of Limitations.  Each case is different in how the Statute of Limitations is applied so you will want to speak to an attorney immediately to secure your rights under the law.

Generally, there are two types of cases that may be filed. The first is a specific incident case. This is where a person has suffered some kind of accident. The second is known as a Continuous Trauma case. These are cases where a person suffers injury and/or disability due to prolonged and repetitive physical requirements on the job. However, just like any case, the Statute of Limitations applies differently to these types of cases and you will want to talk to an attorney about your rights.

You may still have a case and will want to discuss with an attorney.  A common misconception among employers and employees is that a written Independent Contractor agreement will control and limit a workers ability to file a Workers Compensation case. However these types of agreements are not controlling in a court of law. The courts will look at several factors in determining whether a worker was an Independent Contractor or an employee. All the more reason to want to talk to an attorney as soon as possible.

Unlike a civil case for personal injuries, in a workers compensation case the employer’s insurance carrier is generally liable for the payment of doctors for injuries suffered at work.