Concord Workers’ Comp Appeals Attorney
24/7 Availability for Your Convenience
Workers’ compensation claims are denied all the time, so don’t worry if yours has been rejected by your employer’s insurance company. However, you also shouldn’t relax. You do need to take action to try to undo that denial sooner than later by beginning the appeals or appellate process.
Pacific Workers', The Lawyers for Injured Workers in Concord can help you from start to finish with a workers’ compensation appeal, including with hearings before the Workers’ Compensation Appeals Board (WCAB) and its administrative law judge (ALJ). Our goal is simple: get you the workers’ comp benefits you deserve. Depending on your situation, we might even be able to pursue a lump-sum settlement in your name.
Talk about your case and appeal today. Dial (888) 740-6434.
What Grounds are There for a Workers’ Comp Denial?
Just because your workers’ compensation claim was denied does not mean that something wrong or illegal happened. An insurance company does have grounds to deny a claim based on what is outlined in the policies it sold your employer.
Common, valid reasons for a workers’ comp denial include:
- You were not hurt in a way related to your employment.
- Your injury was minor enough to not require any outside medical attention.
- You did not miss any income due to your injury.
Of course, problems arise when an insurance company denies a claim and cannot back its reasoning with a valid explanation. You might even receive a denial letter that lists a valid reason, but that doesn’t mean that it is accurate. Let our Concord lawyers review your case to see if anything questionable has happened.
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
Requesting an Appellate Hearing
If you determine that your claim’s denial is unjustified, then we can begin the process of appealing it. To begin, we will want to request a hearing with the WCAB that serves Concord, which is located in Oakland. For many appellate cases, this hearing is all that is needed to reach a conclusion, but that depends on the preparedness and completeness of your case.
What to expect during your WCAB appellate hearing:
- The hearing can feel like a “trial” in that both sides should come prepared with arguments as to why they are in the right.
- The hearing can be scheduled sooner than you think if the discrepancy is based purely on whether or not your injury arose out of your employment (AOE).
- The ALJ will try to resolve the matter fairly and based purely on the letter of the law, but some discretion is permitted.
- You can bring any evidence you think is relevant to the case, but the medical evidence of your injury is usually the most important.
- If your case is not settled before the ALJ, then a workers’ compensation trial will be scheduled.
Don’t Appeal Alone – Call Our Firm
Workers’ compensation cases can feel complicated, but workers’ compensation appeals can be downright confusing if you aren’t well-versed in California’s surrounding laws and regulations. With the future of your medical care, employment, and financial stability all possibly on the line, do not risk it by attempting your appellate case alone. Leave it to the trusted attorneys of Pacific Workers', The Lawyers for Injured Workers in Concord, who can fight diligently for you at every step along the way to your recovery.
We look forward to helping you. Contact us now.
Workers' Comp FAQ
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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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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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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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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 is the California 90-day rule for workers’ compensation?
After you inform your employer about your workplace accident, they need to tell the insurance company as soon as possible, usually within the same workday. Then, the claim administrator has 90 days to accept or deny your claim, with medical benefits being provided throughout that time. If there is no response within 90 days, then your claim ends in your favor by default.
