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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They care, and they help injured workers!
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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 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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What If My Employer Denies My Workers’ Compensation Claim Because I’m a Seasonal Worker?
Employers in California are legally required to provide workers' compensation coverage to all employees, including seasonal workers. If your claim is denied, it's advisable to consult with a workers' compensation attorney to understand your rights and explore options for appealing the decision.
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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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How Is Workers’ Compensation Calculated for Seasonal Workers?
Compensation for seasonal workers is typically based on your average weekly earnings during the employment period. If you're unable to work due to the injury after the season ends, eligibility for benefits may depend on factors such as your employment history and whether you usually seek other employment during the off-season.
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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 Should I Do If I’m Injured at Work as a Seasonal Worker?
If you're injured on the job, take the following steps:
- Report the Injury - Notify your employer immediately, both verbally and in writing.
- Seek Medical Attention - Obtain necessary medical treatment and ensure the injury is documented.
- File a Claim - Complete a Workers' Compensation Claim Form (DWC 1) provided by your employer and submit it promptly.
Timely reporting and documentation are crucial to ensure your claim is processed efficiently.
