LEGAL GUIDE
Written by attorney Kevin Michael Cortright | Feb 9, 2013

Denial of Liability of a Workers' Compensation Claim

When a person is injured on the job, they are protected by workers’ compensation laws. They have a right to compensation and treatment for the injuries they have sustained. Often times, the employer will attempt to deny liability of the claim to save themselves the expense of paying for the healing process. Many times, an injured worker won’t know his or her rights regarding workers’ compensation law and will accept the denial, thankful they at least have a job. This is not acceptable. An injured worker deserves treatment, regardless of the denial. There are many ways to fight a denial and receive the treatment you deserve. This is one of the many reasons why it is imperative to hire an attorney who will fight for your rights.

Workers’ Compensation Denial of Liability for Specific Injuries

A specific injury occurs when a person is injured at work during a particular accident or occurrence. The employer and/or insurance company will look at the accident which occurred to see if they can deny liability. For example, they look to see if the employee was negligent and could have prevented the accident or injury from occurring. They will look to see if the employee was inebriated or in any other way contributed to the accident. The reason is to protect themselves and their finances. The denial of liability will allow the employer to shift responsibility away from themselves.

Workers’ Compensation Denial of Liability for Cumulative Injuries

A cumulative injury is when a worker gets injured over time. In other words, it is the repetitive motion or certain compounding incidents which ultimately lead to the injury. Employers often attempt to deny liability for cumulative injuries. They try to show a break in the continuity of actions which could have caused the injury. Or they will show how outside actions caused the injury. It is important to fight these denials to get the treatment deserved.

Call The Murrieta Workers Compensation Attorney Offices of Kevin Cortright to schedule a free consultation or to learn more about our experience in workers’ compensation regarding denial of liability. As a Workers Compensation Attorney I can help you with your Temporary Disability and Permanent Disability Benefits, Additionally I can help you obtain the Medical Treatment you need for your injury.

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