Bay Area Workers' Comp Denial Lawyer
Has Your Workers' Compensation Claim Been Denied? Let Us Help You!
Are you facing challenges with a denied workers' compensation claim in the Bay Area? Pacific Workers' is here to help you navigate through this complex process and fight for the benefits you rightfully deserve. Our team of experienced Bay Area workers' comp denial lawyers is dedicated to assisting clients like you in overcoming denials and securing the compensation you need to recover and move forward.
Call (888) 740-6434 or contact us online today to request a free case review.
Common Reasons a Workers' Compensation Claim is Denied
Workers' compensation claims can be denied for various reasons, often leaving hard-working individuals feeling overwhelmed and unsure of their next steps. Understanding some common reasons for denial can shed light on why your claim might have been rejected:
- Lack of Medical Evidence: Insufficient medical documentation or discrepancies in medical records can lead to a denial.
- Missed Deadlines: Failing to report the injury promptly or missing filing deadlines can jeopardize your claim.
- Disputes Over Causation: Insurance companies may dispute whether the injury or illness is directly work-related, leading to a denial.
- Pre-existing Conditions: Claims involving pre-existing conditions may face scrutiny over whether the work environment exacerbated the condition.
- Employer Disputes: Employers sometimes dispute claims to avoid increased insurance premiums or legal liabilities.
What to Do If Your Workers' Compensation Claim is Denied in the Bay Area
Receiving a denial letter can be disheartening, but it doesn't mean the end of your pursuit for compensation. Here's what you should do if your workers' compensation claim is denied:
- Review the Denial Letter: Carefully read the denial letter to understand the reasons provided for the rejection of your claim.
- Consult with an Attorney: Contact a knowledgeable Bay Area workers' comp denial lawyer at Pacific Workers' immediately to discuss your case. Time limits apply to appealing denials, so prompt action is crucial.
- Gather Additional Evidence: Work with your attorney to gather any additional medical records, witness statements, or other evidence that supports your claim.
- File an Appeal: Your attorney will assist you in filing a formal appeal with the Workers' Compensation Appeals Board (WCAB) in California.
What Are Your Legal Options After Workers' Comp Denial
After a denial, you have legal options to pursue the benefits you deserve:
- Appeal Process: Your attorney will guide you through the appeals process, representing your interests at every stage.
- Negotiation and Mediation: In some cases, negotiations or mediation sessions can lead to a settlement without the need for a formal hearing.
- Litigation: If necessary, your attorney can litigate your case before the WCAB to argue for your right to compensation.
- Further Legal Recourse: In rare cases involving bad faith denials or other legal violations, additional legal actions may be pursued against the insurer.
Trust Pacific Workers' for Your Workers' Comp Denial Needs in the Bay Area
At Pacific Workers', we understand the challenges individuals face when dealing with a denied workers' compensation claim. Our team is committed to providing compassionate and effective legal representation tailored to your unique situation. We leverage our extensive experience in workers' compensation law to advocate fiercely for our clients' rights.
If you're struggling with a denied workers' compensation claim in the Bay Area, don't hesitate to contact us at (888) 740-6434. Schedule a free consultation today to learn how we can help you navigate the complexities of the appeals process and fight for the benefits you deserve. Let Pacific Workers' be your trusted partner in seeking justice and securing your financial stability during this challenging time.
We have Helped OVER 8,000 CLIENTS aND WE CAN HELP YOU TOO!
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Thank you for being so kind and completely sympathetic to my case!
“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. It feels nice to have someone fighting for your rights but also keeping you in check for your own good.”
Jazzie D. Daly City, CA -
They took care of me!
“Bilal worked on my case and he was very professional, friendly, and kind to me. I was so nervous about my deposition and he made me feel very comfortable and less stressed about the whole situation.”
Gabi O. Sacramento, CA -
The most down to earth team I have ever met!
“They have strong communication and I was respected throughout the whole process. They had never given up on me!”
Nekealla C. Tracy, CA -
I'm forever grateful & thankful to all!
“I especially want to thank Mr. Jason Insdorf, who worked in attaining a settlement I never expected.”
L.S. Union City, CA
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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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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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.
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Can My Employer Tell Me to Use Sick Time or Vacation/Personal Time off (PTO) If I’m Injured at Work?
Following a work-related injury, you may not receive workers’ compensation benefits right away or your workers’ compensation claim may be denied. You may receive a note from your doctor that you may take time off work due to your injuries, but how will you be paid if you are not actively seeking workers’ compensation benefits? Your employer may tell you to use your state-mandated/employer-provided sick time in order to continue being paid while you are out of work. Once this sick time is exhausted, your employer may tell you that the only way you can continue to be paid is if you use your vacation or PTO time. In some cases, this may actually be the only way to continue receiving wages while you are out of work and not receiving workers’ compensation benefits. For more information, check out our video with Attorney Bilal Kassem on this topic by visiting our Facebook page!
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Can I Get Workers’ Compensation If I Was Fired?
If you were terminated while already receiving workers’ compensation benefits, this does not necessarily affect your right to receive benefits. However, if you were terminated “for cause” (for example, if you were fired because you were caught stealing from your employer), you will not be able to continue collecting benefits. If you were not fired for cause, but were laid off due to your position being terminated or various other reasons, you may still be able to continue collecting your workers’ compensation benefits. If you believe you were terminated because you filed for workers’ compensation or because you were hurt at work, you may have grounds for a retaliation claim. Learn more, including whether you can continue receiving workers’ compensation benefits if you were laid off due to the coronavirus pandemic, see our video with Attorney Bilal Kassem on our Facebook page.
