Can You Cancel a Workers Comp Claim?

After a workplace injury, you are entitled to workers’ compensation benefits regardless of who was at fault. However, if you filed a claim but need to cancel it for some reason, you have the right to do so.

How To Cancel a Workers’ Compensation Claim

The process for canceling a workers’ compensation claim will depend on where you are in the stages of filing, but typically involves the following steps:

• Write and send a letter to both your employer and their insurance company. Let them know that you wish to withdraw your claim, but you do not have to give a reason why you are choosing to do so.
• The insurance company has 30 days to respond to your request. If you do not hear anything, you can prepare a motion for a request for dismissal.
• File a motion for a request for dismissal, but before mailing, first make a copy for your records.
• Wait at least 30 days for a response from the court. Then, you should either receive a letter stating that your claim has been withdrawn or that you must attend a hearing to officially cancel the claim.

Reasons Why You Might Need to Cancel a Workers’ Compensation Claim

There are several reasons why you may feel the need to cancel your workers’ compensation claim. For example:

• Your injury turned out to be very minor, and it is not worth going through the process.
• You do not have evidence to prove that your injury or illness was work-related.
• The workers’ compensation claims process is too overwhelming.
• You will not be eligible for benefits because you violated a company policy that resulted in your injury.
• If you realize or find evidence that your employer intentionally caused your injury or fraudulently concealed their connection to your injury, and you wish to pursue a personal injury lawsuit against your employer instead.

Why You Should Still Report a Seemingly Minor Workplace Injury

If you wish to cancel a workers’ compensation claim because your injury turned out to be minor, it is always a good idea to still report it. In many cases, a relatively minor-seeming injury proves to be much more serious than initially believed, as symptoms can take time to manifest. If your doctor tells you that you are medically approved to return to work, keep your employer informed.

Staying in touch shows your employer that you are not “faking it” or trying to take advantage of the situation.

How an Attorney Can Help

Before canceling your workers’ compensation claim, it can be highly beneficial to first consult an Orange County workers’ compensation attorney. They can assess your situation and advise you on your rights. If you do not have evidence of the injury or illness being work-related, an attorney may be able to help you gather the proof you need. On the other hand, if you wish to cancel your claim because the process is overwhelming, they can handle every aspect for you. That includes filling out and filing the necessary paperwork, negotiating maximum financial benefits, or canceling it if that is the best option. Ultimately, they will make the entire claims process much easier, allowing you more time to heal or helping you get back to work quicker.