Bakersfield Workers' Compensation Appeal Attorney
A Denial Is Not the End — We Are Just Getting Started
From the oil fields and agricultural operations that have long defined the Central Valley to the healthcare facilities, logistics hubs, and construction sites that drive the city's continued growth, the people of Bakersfield work hard and deserve to be protected when something goes wrong on the job. At Pacific Workers', The Lawyers for Injured Workers, we have spent more than 30 years fighting exclusively for injured workers across California, recovering over $350 million in settlements and verdicts and maintaining a 98%+ success rate. If your workers' compensation claim has been denied, an appeal might be possible, and our legal team wants to help.
Call us at (888) 740-6434 today for a free, no-obligation consultation.
Why Was Your Workers’ Comp Claim Denied?
Workers' compensation claims in California are denied for a variety of reasons, and not all of them are legitimate. Understanding why your claim was denied is the first step toward presenting a strong appeal.
Common grounds cited in workers' comp denials include:
- Disputes over whether the injury occurred in the course of employment
- Claims that the injury was not reported within the required timeframe
- Challenges to the medical evidence supporting your claim
- Allegations that a pre-existing condition, not your job, caused the injury
- Misclassification of the worker as an independent contractor rather than an employee
Whatever the stated reason for your denial, our team can review it carefully to look for the right way to file an appeal.
Preparing for a Hearing Before a Workers' Comp Judge
In many appeals, a formal hearing before a workers' compensation judge becomes part of the process. This is where having experienced legal representation on your side becomes so highly recommended. If you hire our Bakersfield workers’ comp denial lawyers, we can gather evidence, review medical records, consult with experts when necessary, and make sure you walk into any proceeding fully informed and supported.
When preparing for a workers' comp hearing, we usually focus on:
- Preparing a clear, evidence-backed record that supports your claim
- Checking that all medical documentation is complete, accurate, and properly submitted
- Informing you about what to expect so there are no surprises on the day
- Anticipating the arguments the opposing side is likely to make and planning accordingly
FAQs: Workers' Comp Appeals in California
How long do I have to appeal a denied workers' compensation claim in California?
In California, you generally have 20 days from the date you receive a workers' compensation judge's decision to file a Petition for Reconsideration with the Workers' Compensation Appeals Board (WCAB). If the decision was mailed to you rather than delivered in person, that window extends to 25 days. Missing this deadline can severely limit your options, which is why contacting an attorney as soon as possible after a denial is so important.
Do I need an attorney to appeal a workers' comp denial?
You are not legally required to have an attorney to file an appeal, but doing so without one will mean you must overcome every legal challenge and answer every complicated question on your own. The appeals process is procedurally and legally complex, and the petitions involved must identify specific legal or factual errors, so you should only progress your case with a lawyer’s help.
What happens if my appeal is denied a second time?
If the WCAB denies your Petition for Reconsideration, your options are not exhausted. You may be able to file a Petition for Writ of Review with the California Court of Appeal within 45 days of the WCAB's decision. Our team will advise you honestly about whether pursuing that next level of appeal makes sense for your specific situation.
The Clock Is Already Running — Contact Us Today
Workers' compensation appeal deadlines in California are tight and unforgiving. Every day that passes after a denial is a day closer to a missed deadline and a lost opportunity. If your claim has been denied, the most important thing you can do right now is speak with an attorney who knows the appellate process inside and out. At Pacific Workers', The Lawyers for Injured Workers, we are ready to review your case, explain your options clearly, and get to work on your appeal without delay. Do not wait until it is too late.
Call (888) 740-6434 now. Your free consultation with a Bakersfield workers' compensation appeal attorney is one phone call away.
We have Helped OVER 12,000 CLIENTS aND WE CAN HELP YOU TOO!
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They care, and they help injured workers!
“They care, and they help injured workers!”
Darnell Hester
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I'll recommend him always.
“I'll recommend him always.”
Bernadette L Mixon
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Thank you again to everyone at Pacific Workers’ Compensation!
“Thank you again to everyone at Pacific Workers’ Compensation!”
Johnny
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Communication is extremely important, and that has been A+ since the beginning!
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Communication is extremely important, and that has been A+ since the beginning!
”Brandon Colbert
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Highly Recommend Pacific Workers’ Lawyers
“Highly Recommend Pacific Workers’ Lawyers”
Asif Chashmawala
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They didn't give up on me.
“Pacific Workers went to bat for me. Was I an easy person to get along with, no but they didn’t give up on me.”
David W.
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Thank you for being so kind!
“I started my fight against my company's workers comp and after talking to Almarie for the first time I already felt a lot of weight off my shoulders.”
Jazzie D. Daly City, CA
Proudly Serving California
Workers' Comp FAQ
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What benefits can I seek with a workers' compensation claim in Oakland?In California, if you've been injured at work or diagnosed with a work-related illness, you can file a workers' compensation claim to seek benefits that cover a range of expenses. These benefits include medical costs, lost wages due to time off work, compensation for future earnings if you're unable to return to work, and expenses related to retraining or skill enhancement if you need to switch professions. Given Oakland's high cost of living, it's important to ensure your claim is accurately filed to receive all the benefits you're entitled to.
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Do independent contractors get workers’ compensation in California?
No, most independent contractors are not covered by workers’ compensation insurance that is provided by their employer. The law does not require most employers to offer this sort of employment benefit to independent contractors. To get workers’ comp as an independent contractor, you will usually have to purchase a policy on your own.
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Do I need to prove my employer was at fault to receive workers' compensation benefits?
No, you do not need to prove your employer was at fault to receive workers' compensation benefits in California. The state operates under a no-fault system, which means that as long as your injury or illness is work-related, you can file a claim for workers' compensation. This system is designed to simplify the process for injured workers to receive their rightful benefits without the need for proving fault.
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Am I Eligible for Workers’ Compensation?
In California, all employees are eligible for workers’ compensation with very few exceptions. If you are classified as an “employee” (rather than an “independent contractor”), you are eligible to receive benefits. This is true regardless of how many employees your employer has, how many hours you work, how much you make, whether you work part-time or full-time, or whether you are a seasonal worker. Additionally, undocumented workers are also eligible for workers’ compensation granted they meet all other eligibility requirements. In contrast, independent contractors and certain other workers, including some volunteers, household workers who are employed by a family member, and others, are not able to file for workers’ compensation benefits.
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What doctors can I see in Oakland under my employer's network?
Your employer's insurance must provide a Medical Provider Network (MPN) list. In Oakland, this often includes Highland Hospital, Kaiser Oakland, and various specialty clinics. We help ensure you get treatment from qualified providers who understand workers' comp cases.
