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Fresno Workers’ Comp Appeals Attorney

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Many people who need workers’ compensation benefits after a workplace accident are surprised to learn that a large percentage of all workers’ comp claims face first-round denials. Insurance companies want to save money, and the fastest way to do that is to deny as many claims as possible. At Pacific Workers', The Lawyers for Injured Workers, we take pride in helping local workers stand up to insurance companies by challenging unfair case denials.

If you work in Fresno and your worker’s comp claim was denied for any reason, talk to our attorneys about the workers’ comp appeals process. We can walk you through the entire procedure, starting with a review to check if your claim is eligible for an appeal. If it is, we can provide compassionate and knowledgeable legal representation during Workers’ Compensation Appeal Board (WCAB) hearings before administrative law judges (ALJ), as well as any interactions with your employer or the insurance provider.

Make your workers’ comp appeal simple for you by handing it to us. Call (888) 740-6434 and request an initial consultation. Hablamos Español.

Why Are Workers’ Comp Claims Denied?

Workers’ compensation claims can be denied for many reasons. Oftentimes, a denial is justified based on the circumstances.

A workers’ compensation claim might be denied for these valid reasons:

  • You were not hurt during the scope of your employment.
  • Your injury was minor and required no professional medical care.
  • You did not lose or miss any income due to the injury.

In other situations, though, an investigation may reveal that the insurance company did not provide a legally acceptable reason to deny the claim. If no reason for the denial is given, then it probably is illegitimate. The purpose of an appeal is to ask the WCAB to review the denial and allow you and your attorney an opportunity to explain why it should not be accepted. 

Workers’ Comp Appellate Hearings

The workers’ compensation appellate process in California is somewhat unique in that it does not start and end in a typical courtroom. Instead, an appellate case will require a hearing before the Workers’ Compensation Appeal Board, which is usually held in the CA State Division of Workers’ Compensation office in Fresno. An administrative law judge will oversee the hearing and decide on the outcome, which could be the court’s approval of the workers’ compensation benefits owed to you, a lump-sum settlement to be paid to you based on the value of the benefits you need, or the court’s approval of the denial.

During a WCAB appellate hearing, you can expect:

  • The hearing to carry out like a trial, with both sides bringing arguments and evidence to the judge’s attention.
  • The judge to make a decision based on the letter of the law unless some discretionary decision-making would be the fairest.
  • Your attorney to do all the talking for you unless you decide ahead of time that you should make certain statements yourself.

If the ALJ cannot reach a decision based on the facts presented by both sides, a workers’ compensation trial will be scheduled. If the case ends out of your favor but you think the denial is still legally unjustified, you can talk to our attorneys about potential next steps, such as appealing to a higher court.

For Start to Finish Legal Help, Call Now

To make sense of your workers’ comp denial, talk to the Fresno workers’ compensation appeals attorneys of Pacific Workers', The Lawyers for Injured Workers. We keep our phone lines open 24/7, so it is always the right time to reach out for help. We’re standing by to fight for your right to fair compensation after a work injury.

Call (888) 740-6434 now. If you prefer, you can send an online contact form, too.


    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

Workers' Comp FAQ

  • 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.

  • 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.

  • 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.

  • 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!

  • 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.

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