JC Penneys are some of the oldest department stores in America dating back to the late 18th century. Its chain of stores operating in all 49 states offers general merchandise as well as leasing out its store space to independently operated auto centers, hair salons, coffee shops, optical shops and jewellery repairers. These days, stores like Penneys keep staffing to a minimum, making it difficult for current staff to complete all the jobs required for running a department store. When there is a staff shortage accidents like trips and falls and slip and falls are more likely to occur to staff, leaving them confused and financially disadvantaged. Fortunately, worker’s comp. could be just what an injured worker is looking for. It is available in most states for employees who are either injured or fall sick as a result of the JC Penney’s workplace. However a worker’s compensation lawyer is required in order to help get the full amount of WC the employee deserves. Why Would I be Denied WC at JC Penneys? Unfortunately for workers WC, claims are often denied, throwing the worker into financial hardship and confusion. Insurers cite certain reasons for a WC denial such as: The employee did not inform JC Penneys supervisor soon enough following the accident as this should typically be done in a matter of hours after the accident occurred; The state deadline has been overlooked or missed which could be as much as 12 months but if missed could end up with a WC denial; JC Penneys insist the employees injuries did not take place on the premises; JC Pennys insurer does not think your injuries are serious enough to be eligible for worker’s comp. You had left JC Penneys before the WC claim was lodged. Process to Follow if Denied a Claim at JC Penneys If you have had your WC claim denied you should consider appealing with the assistance of a WC lawyer who has won many appeals for employees like yourself. One of the things your lawyer will know is that lodging an appeal has to be done as soon as the denial letter has been received. You will be caught out otherwise as most WC insurers set a deadline for lodging an appeal which could be as short as 10 days from receiving the denial. Mediation Comes First Most WC insurers prefer not to go to court unless they absolutely have to, so an independent mediator is the first step to resolving a WC denial. If this fails, then a formal hearing comes next. Formal Hearing Is Next In Line This requires the plaintiff providing as much evidence as possible to back up the WC claim. This will include proof that the accident or illness happened on JC Pennys premises such as statements provided by eye witnesses. Evidence that shows all the dates for deadlines were matched and that you were employed by JC Penneys when the accident took place. Another Chance With The Workers’ Comp. Appeals Board If so far you haven’t managed to negotiate anything fruitful with JC Penneys WC insurer you can present your case to the WC appeal’s board who may or may not accept your side of the story. Your State’s Court System Comes Last The last ditch effort if all else has failed is trying to get your state’s court system to listen to your case sympathetically and get JC Penneys insurer to honor your WC claim. Contact a Workers’ Compensation Lawyer Whatever you do and however confident you feel without the help of a worker’s comp. lawyer you are doomed to failure if you try to fight a WC denial on your own. You need the strong arm of a WC lawyer to guide you through the process. Additional Resources Workers’ Compensation for Department Store Injuries Work for JC Penney's and Got Hurt. What Do I Do? Disclaimer The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against JC Penneys, or another party, you may not be entitled to any compensation.
