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Lehmbecker Law Firm

Bellevue Personal Injury Lawyers

  • Types of cases we take
    • Vehicle Accidents
    • Work Injuries | Construction Site Accidents
    • Injury Cases
    • Medical Malpractice
    • Wrongful Death
    • Nursing Home Abuse
  • Who we are
    • Attorneys
    • Personal Injury Paralegals
    • Workers’ Comp Legal Team
    • Office Staff
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  Fax: (425) 278-5908   | FREE CONSULTATION: (888) 889-6895  

Workers’ Compensation Denied

There are many reasons why a workers’ compensation claim may be denied. Keep in mind that employers are often reluctant to admit an employee’s claim, as it means they will lose money. Here are some of the reasons a claim is often denied:

  1. Deadline Has Passed

In many cases, workers’ compensation is denied because the applicant did not report the injury or file the claim in time. If you do not report an injury to your work supervisor within a few days, you may have difficultly getting your claim accepted.

There is also a deadline for filing a workers’ compensation claim: your claim must be reported to the Washington State Department of Labor and Industries within one year from the date of your injury or you will not be able to open a claim for that accident. (Two years from the date of your doctor’s diagnosis for occupational disease claims.)

  1. Claim Disputed by Employer

Your employer can dispute a workers’ compensation claim by claiming the accident did not happen at work, or by claiming the accident occurred because of horseplay. The employer may also claim that the injury or illness is not work-related; in this case, more evidence is needed to counter the employer’s claims.

  1. Injury Not Eligible for Compensation, or is Not Severe Enough

In some states, mental stress-related injuries are not eligible for workers’ compensation. There may be other circumstances which preclude you from receiving compensation for a certain type of injury or illness.

Not all injuries are severe enough to warrant workers’ compensation. If your injury is judged to be only minor, your claim may be denied.

  1. Injury Not Work-Related, or Did Not Occur at Work

Workers’ compensation only applies to injuries and illnesses that are causally linked to the employer’s work. If you cannot show that your injury was caused by your job, you are not eligible for compensation.

If you sustain an injury while commuting to work, or while on your lunch break, for example, you cannot claim the injury occurred on the job.

However, there are some exceptions. If you were on a work assignment, such as a business trip or company retreat, you may still be eligible for compensation even if the accident did not occur “at work.”

  1. No medical treatment, or Not Treated by Approved Medical Provider

Most of the time, you must undergo medical treatment before you can receive compensation. If you don’t have a record of your visit to the doctor, your employer may claim that you faked the injury, since there is no evidence to show you sought treatment for it. Additionally, if you don’t allow a doctor to examine your injury, your claim may be denied.

Your employer may give you an approved list of doctors from which you can receive medical treatment for your injury however, you may go to whatever doctor you want to. Sometimes it may be better to see a doctor you choose rather than your employer’s recommendation.

  1. Injury Occurred While Intoxicated or While Engaging in Horseplay

If you get injured while under the influence of alcohol or drugs, you are not eligible for workers’ compensation. Similarly, if you sustain an injury in a fight that you started, or if you get injured while violating company policy or “horsing around,” you are also not eligible. In some cases, your employer may claim that you were engaging in horseplay even if you were not.

What to Do If Your Claim is Denied

If your claim is denied, you should receive a letter informing you of the denial and telling you how to appeal it. Pay close attention to any deadlines, since missing these may prevent you from appealing the claim.

If the letter does not give a reason, you may have to contact your employer or your employer’s insurance provider to find out why the claim was denied. If your claim was denied because of a simple mistake in paperwork, or a similar problem, you should be able to work with your employer to fix the mistake. In other cases, you will have to appeal the denial of your claim.

Appealing a Denied Claim

To start the appeals process, you must file an application (either yourself or with the help of an attorney). You will then have to attend a hearing, usually through the state labor department or board of workers’ compensation, before a judge of administrative law. At your hearing, you must provide factual evidence for your claim, usually in the form of medical records – so make sure to bring plenty of documentation with you.

Just because your claim is denied does not mean you should give up. You may still be able to receive workers’ compensation for your injuries. If your claim has been denied, please contact us for a free evaluation.

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Settlements:

$460,000

Obtained for our client after being hit by driver making an illegal U-turn.

$5.7 Million

obtained for our client after being hit by a car while taking a walk in Bellevue, WA.

$2,000,000

for our client who suffered permanent cardiovascular impairment after his surgeon performed an unnecessary procedure during a heart surgery.

$2,000,000

for a young woman who suffered multiple orthopedic injuries after being struck in a crosswalk by a taxicab.

$2,000,000

for an elderly woman who suffered a shoulder injury after being struck in a crosswalk by a delivery van.

More Testimonials

Client Reviews:

“Please allow me to take this moment of your time to say thank you to all the members in your firm who worked on my case. I was so proud of the way my attorney handled herself and stood by myside during the court proceedings. It has been an honor and a privilege for me having all your legal help and advice for the past two years. It’s hard to say goodbye. Again, thank you.”

Kim Kent, WA

“Thanks again for all your help! You made a difficult situation much easier on us. We really appreciate everything you’ve done.”

Alana

“Lehmbecker Law has been outstanding in helping me deal with my Workers’ Comp claim. Before I hired them, it was very stressful trying to deal with the insurance companies and the medical bills. As soon as Lehmbecker Law took my case, my stress levels dropped and I was able to concentrate on getting better. I would highly recommend them to anyone who needs help with their workers’ comp claim.”

N.H. Woodinville, WA

“After a full year of fighting, Lehmbecker Law got me a full year of back wage loss. I couldn’t be happier or more relieved. This will make such a difference in my life. Now we are working on my vocational plan. Lehmbecker Law has been there for me and I will recommend them to anyone who needs help fighting L&I.”

A. Mayberry Woodinville, WA

“After my mother and I were involved in a car accident at the Westfield Shopping Mall at Southcenter I was in a lot of pain. Having your law firm oversee my medical treatment and make sure my bills got paid took away a lot of my stress. And, the settlement I received was even more than I expected. I recommend that anyone involved in a car accident call you and get representation. I truly believe I received a bigger settlement with you fighting for me than I would have gotten on my own.”

M. Bonifacio Federal Way, WA

“I am very happy with the results I received from settling two different cases I had with Mr. Lehmbecker and his law firm.

Mr. Lehmbecker is a very caring and knowledgeable attorney and I felt confident throughout both my cases that he would give me excellent results. I highly recommend Mr. Lehmbecker to anyone who has a personal injury, worker’s compensation or medical malpractice case.”

Y. Knotts Redmond, WA

“I am a lawyer in this community and have had the pleasure of working side by side with two lawyers from this firm, as well as some of the staff members. I am always glad to see other lawyers in the community doing a good job in representing their clients, and the lawyers with Larry Lehmbecker’s office will do that.”

“I have known Larry Lehmbecker for 15 years. I have conferred with Larry over the years regarding personal injury and workers’ compensation issues because I respect his knowledge and experience. I have always found his problem solving and case strategy skills to be thoughtful, practical, and helpful. I consider Larry to be one of top attorneys in his field.”

Attorney Christine Foster

“I had never been in a motor vehicle accident before, and I didn’t know who to turn to for help. After doing research on law firms in the area, I learned about Lehmbecker Law. My case was not an easy one, and there was a lot of emotion along the way. The team at Lehmbecker Law was terrific at navigating the difficulties of my case, from beginning to end. Throughout the process they were responsive, professional, and put my mind at ease during a difficult time. I strongly recommend that anybody who has been in a serious accident reach out to Lehmbecker Law.”

Katrina Issaquah

“Recently, I needed legal services to help me with my injury claim resulting from a drunk driver. The team at Lehmbecker Law was very helpful in the resolution of my claim. If it wasn’t for them, I wouldn’t have known how to address the many issues in my case. I would strongly recommend Lehmbecker Law for people who are injured and need help.”

Mozeyl Seattle

“This is an outstanding firm. I have used them twice now, and I would recommend them strongly to anybody who needs legal advice. I had a great experience with both of my cases. They are a very caring firm that truly has their clients’ best interests at heart.”

Darcelle Snohomish

“This law firm is Great. They kept me informed on all that was going on, they cared, were compassionate, kept on top of it like you were their only client. They are not afraid to take on the big companies to help out the little guy. Always straight shooters with me never had to ask twice and when I did have a question if the person I talked to didn’t know the answer they would find out what it was and always called you back. I never had a problem getting to talk to someone in the office, they never put me off with I will have them call you back unless they were not in the office, they always called back in a timely manner and with the questions I wanted answered. Great people to work with.I would recommend this law firm without hesitation to anyone that needed a great lawyer. I have had other lawyers in the past for different reasons and most of the time it was hard to get to speak to someone in the office not here. If you want a great law team on your side choose Larry Lehmbecker.”

Brenda

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Locations:

Washington Federal Building
400 108th Ave NE, Ste. 500 Bellevue, WA 98004

Uptown Square
1066 S. 320th St.
Building K, Suite F
Federal Way, WA 98003

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Just a few of our past clients…

Lehmbecker Law

Bellevue Car Accident Lawyer

400 - 108th Ave. NE, Suite 500 Bellevue, WA 98004

(425) 455-3186 (888) 889-6895