Bay Areas Workers' Compensation Appeals
Assisting Injured Workers in Challenging Their Claims Decision
Regrettably, a significant number of workers' compensation claims are initially denied. However, this does not mean that you are left without recourse. Injured workers have the right to appeal if they disagree with the decision regarding their claim. Through the appeals process, you will have the opportunity to present your case before the California Workers' Compensation Appeals Board (WCAB).
If your appeal is successful, you will receive the rightful compensation you deserve. It is crucial to have a well-prepared strategy for presenting your case before the California Workers' Comp Appeals Board, and this is where we can offer our assistance.
Call (888) 740-6434 today to schedule a complimentary consultation and discuss your case with Pacific Workers', The Lawyers for Injured Workers.
What is an Appeal?
An appeal is a legal process by which a higher court reviews the decision of a lower court. When you file an appeal, you are asking a higher court to review your case and determine whether the lower court made any legal errors that affected the outcome of your trial. Appeals are not re-trials, and they do not involve the presentation of new evidence. Instead, appeals focus on whether the trial court followed the correct legal procedures and whether the evidence presented at trial was sufficient to support the verdict.
Appealing a Workers' Compensation Decision: A Step-by-Step Guide
Once a Workers' Compensation Judge (WCJ) reviews your initial case, they will issue a ruling on whether you are eligible for workers' compensation benefits for your injuries. An approved claim ensures that you will be granted compensation. However, a denied claim means that without appealing the decision, you will not receive any compensation.
Understanding the Workers' Comp Appeals Process
To appeal a workers' comp denial, you can follow these steps in most cases:
- File an Application for Adjudication of Claim with the California Division of Workers' Compensation (DWC) in the county where the injury occurred. DWC offices are located throughout the state, including in the Bay Area.
- After filing your complaint, you will receive a notice from the DWC office confirming that it has been filed, along with a case number.
- Upon receiving your application, you need to schedule a Mandatory Settlement Conference (MSC) with the judge. During this conference, the judge will strive to resolve the matter between you and the opposing party. To initiate this process, file a Declaration of Readiness to Proceed at the DWC.
- If a settlement cannot be reached at the MSC, the judge will schedule a trial, allowing both parties to present their cases and call witnesses before another judge.
- Following the workers' compensation appeals board hearing, if either party remains dissatisfied with the judge's ruling, there is an opportunity to file another appeal called a "Petition for Reconsideration."
Appealing a denied workers' comp claim can seem overwhelming. Fortunately, you do not have to navigate the process alone. Contact Pacific Workers' Compensation Law Center today to begin developing an effective appeal strategy.
Understanding the Workers' Compensation Appeals Board (WCAB)
The California Workers' Compensation Appeals Board (WCAB) consists of a seven-member board appointed by the California Governor and confirmed by the Senate. Its main responsibilities include:
- Providing guidance to the workers' compensation community
- Reviewing workers' compensation appeals
- Regulating the workers' compensation review process
How Long Does the Workers' Comp Appeals Process Take?
The entire appeal process typically takes between two to four months, depending on the workload of the Workers' Compensation Appeals Board at the time of filing.
What Are the Chances of Winning a Workers' Comp Appeal?
Your chances of winning a workers' compensation appeal significantly improve with professional representation from a workers' comp attorney. By hiring an attorney, you can ensure that all necessary motions and paperwork are filed promptly, and your case will be vigorously argued before the workers' compensation judge and the insurance company.
Tips for Winning a Workers' Comp Appeal
To increase your chances of winning your appeal:
- Pay close attention to the required documents and deadlines for filing.
- Maintain thorough and detailed records of your injuries and the circumstances surrounding your workplace incident.
- Retain the services of an appeals attorney who will dedicate the necessary time and attention to your case.
At Pacific Workers', The Lawyers for Injured Workers, our team boasts over 75 years of combined experience in representing injured workers. We adopt a collaborative approach, allowing us to address every aspect of your case, regardless of its complexity, with enthusiasm and expertise.
If you require assistance in appealing your workers' comp claim, contact our team of workers' compensation appeals attorneys in the Bay Area, by dialing (888) 740-6434. We provide free initial consultations to help you get started.
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Proudly Serving Northern California
Workers' Comp FAQ
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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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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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Can't I Just File for Workers' Compensation on My Own?
Filing for workers' compensation on your own increases the chances that your claim will be denied. One small misstep can prevent you from obtaining the compensation you need for your injuries. In addition, the process is usually complex and tedious, especially for someone with no workers' compensation law experience. It is extremely advantageous that you seek reliable and experienced legal guidance for your claim.
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My Employer Said That I’m an Independent Contractor, Not a Regular Employee, so I Can’t Get Benefits. Is This True?
You’re not necessarily an independent contractor by law if the nature of your job doesn’t fit the description, an attorney may help analyze your situation and guide you in this matter. There are high chances of contractors being eligible for workers’ compensation benefits, so it’s always worth trying.
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What Can I Expect from the Workers' Compensation Process?
As soon as you reach out to us for help, we will assign you a full-time case manager and attorney. An application will be filed with the Workers' Compensation Appeals Board (WCAB) on your behalf. We will get started on your case immediately to help you receive the medical care you need. If we are unable to receive a fair settlement from the insurance company, we are ready and willing to take your case to trial. After a few months, you will most likely give a deposition. One of our highly experienced attorneys will prepare you and stand at your side the entire time. You don't even have to attend court hearings! One of our trained hearing officers or attorneys can attend on your behalf.
