Workers’ Compensation Appeals in Sacramento
Appealing Unfair Workers’ Comp Decisions
Many workers’ compensation claims filed in Sacramento, California, will be denied. In some of those cases, the reasons for the case denial aren’t even justified based on the California Division of Workers' Compensation (DWC) rules and regulations. When you are at a loss of what to do to get the workers’ comp benefits that you need to rest after a workplace accident, come to Pacific Workers', The Lawyers for Injured Workers. Our law firm is dedicated to standing up for injured workers throughout Sacramento who need legal help with filings, appeals, denials, and much more.
Call to learn about workers’ comp appeals during a complimentary consultation.
Appealing a Workers’ Comp Decision
A Workers' Compensation Judge (WCJ) will review your initial filing to determine if it is legitimate. If the claim is approved, then you should be awarded the benefits that you deserve. A denied claim will halt your benefits and require you to make a decision: leave the case defeated or attempt to appeal it.
Workers’ Compensation Appeals Process
If your workers’ compensation claim was denied, you can consider appealing it with our help. An appeal basically asks the DWC to review the case again to see if it was denied wrongfully. Although this is a simple concept, the steps involved can get complicated, so the DWC will likely advise that you only proceed with the help of an attorney like someone from our firm.
Most workers’ compensation appeals processes will involve:
- Filing an Application for Adjudication of Claim with the DWC in Sacramento County.
- Wait for the DWC office’s response, which should include a confirmation that your filing was received and a case number.
- Schedule a Mandatory Settlement Conference (MSC) with a Workers’ Compensation Judge and the opposing party to attempt to negotiate a fair settlement agreement.
- Prepare for a scheduled trial or hearing if no agreement is reached that the WCJ is willing to approve.
- If dissatisfaction continues after the hearing, you can appeal the case again using a Petition for Reconsideration.
Throughout all of these steps, you can rely on Pacific Workers', The Lawyers for Injured Workers and our Sacramento workers’ comp appeals attorneys. We know how to handle every step, so you don’t have to busy yourself with legal work and complications. Overall, the appellate process could take up to four months in some cases, and we can be there by your side the entire time.
Workers’ Compensation Appeals Board
The California Workers’ Compensation Appeals Board (WCAB) will be an integral part of the appellate process. It is comprised of seven board members who are appointed by the Governor and confirmed by the Senate.
The WCAB does the following:
- Review workers’ compensation appeals.
- Regulate the workers’ compensation review process.
- Provide guidance to the workers’ compensation industry.
Get Legal Support for Workers’ Comp Appeals in Sacramento
You could have a better chance of winning a worker’s compensation appeal if you pay close attention to the deadlines, documents, and details. However, you probably need to rest after a work-related accident. To make sure that your case is hitting the right marks and you aren’t missing any deadlines, put the Sacramento workers’ comp appeals lawyers of our firm in charge. We are here to lend 75+ years of legal experience to do the most possible for your case.
We have Helped OVER 8,000 CLIENTS aND WE CAN HELP YOU TOO!
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The most down to earth team I have ever met!
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I got a compensation package that I was very happy with!
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I would highly recommend PWC!
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Patrick P.
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Your team was great to work with!
“You took nothing and made it out of something. I felt like I mattered! Everyone was very professional and caring.”
Heather Flores Bakersfield, CA -
“¡Farber hizo que fuera muy fácil y sin estrés para mí! Ellos hicieron todo el trabajo duro y me hicieron sentir tranquila en la situación que estaba atravesando. Nunca habría esperado que el resultado fuera tan bueno. Me mantuvieron al día de todo lo que pasaba en mi caso. Todos los abogados con los que traté eran tranquilizadores y positivos. Recomendaría a Farber a cualquier empleado que necesite ayuda con su compensación de trabajadores.”
Janette D. -
Pacific Workers' Comp is one of the best places to get help from when you need help with an injury from work!
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Lamar B. Santa Clara, CA -
Bilal is very professional, caring and committed to his clients!
“My lawyer Bilal took the time out on a late Friday afternoon to meet with me and answer some questions that I had. Who stays late and meets with you on a Friday afternoon? Very few do, Bilal does. It speaks to his professionalism, caring, and commitment to his clients. Which creates a culture value at PWC. This is only one example of my experience with them, there are many more just like this.”
Guy H. Novato, CA -
PWC has provided me with exceptional care!
“My experience with them has been exceptional. They are caring, devoted and professional. They had turned a stressful situation into one that does not cause anxiety.”
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The attorneys and employees at PWC are angels!
“Thank goodness for my team of lawyers and assistants that always take the time to listen to my concerns, answer my questions, and act on my behalf when my company does nothing!! Someone else said it, and I second that the people at PWC are angels!! At least I feel that someone is on MY side now!”
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I was lucky enough to obtain the services of Pacific Workers' Compensation Law Center!
“I was lucky enough to obtain the services of Pacific Workers' Compensation Law Center. They worked tirelessly to receive the best care, and finally a C&R settlement from SCIF for me. Without them, I would have been just another injured worker without medical treatment.”
Martha M. -
For anyone out there looking for a 'Worker's Comp attorney,' look no further!
“For anyone out there looking for a 'Worker's Comp attorney,' look no further. Robert Davis is the man you want on the case. Robert truly cares for his clients; he will help you through the tough times, with a no-nonsense approach to your situation. Robert is a good man that never leaves any doubt in your mind and always makes you feel like he is the best man for the job.”
Francisco P. Hayward, CA -
Exceptional Customer Service
“I would recommend Pacific Workers' Compensation Law Center to my family and friends. I was so blessed to talk with AlMarie in March 2018 after receiving horrible service from another attorney's office. AlMarie took the time to talk to me and give me the information that I needed. Lauren and Alex are super great, and I feel I made a good decision for the law center to represent me. I received my packet with great information, resources, and how to communicate and contact the team who will be assisting me and working on my case.”
T. Davis Addison San Leandro, CA -
Jason exuded complete confidence in my case & really understood what I went through!
“My attorney Jason Insdorf exuded complete confidence in my case and made me feel like he really understood what I've been through (didn't hurt to read about his extensive credentials and expertise specific to my case). Karla Ortega made me feel at ease, listening intently when I explained details dating back 12+ years. Also, I was very impressed by the compassion, communication, and overall professionalism.”
Matthew U. Modesto, CA -
Pacific Workers' Compensation helped me get the justice I deserved!
“It was my first injury at a job and I did not know what to do. I did not know if my rights as an employee were being met. So, I was able to call to ask Pacific Workers' Compensation about my injury that occurred and what were my rights as an employee. They were able to help me get justice.”
Victoria M. Santa Cruz, CA -
After Pacific Worker's Compensation started handling my case, I started getting the respect of an injured worker and not just a number.
“My caseworker is amazing. She is quick to respond to my messages and concerns. Before contacting Pacific Worker's Compensation, I was getting the run around with my doctors and worker's compensation insurance for my employer. After Pacific Worker's Compensation started handling my case, I started getting the respect of an injured worker and not just a number.”
Brandy L. Fairfield, CA -
Bilal is always kind, professional, compassionate and explains everything thoroughly!
“Bilal Kassem is the nicest attorney a person dealing with a workers compensation mess can ask for. Always kind, professional, compassionate, and explains everything clearly.”
Emi B. Vallejo, CA -
They were a headache & stress rellief!
“Kiki was such a help. She works with Robert Davis. After dealing with the ins Co and there run around, blood pressure tossing, I turned my case one to PWC. No more headaches, no stressing, just relief. Thank you, Kiki and Robert & Pacific Workers Compensation.”
Debra McLaughlin Benicia, CA
Proudly Serving Northern California
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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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 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.
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Is workman’s comp the same as workers’ compensation?
Yes, workman’s compensation is the same as workers’ compensation in all practical applications. You might see the terms exchanged for one another here and there, but they are essentially identical.
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What If My Workers’ Compensation Claim Was Denied?
An attorney can help you file to the Division of Worker’s Compensation (DWC) office again to appeal the denial. There are several reasons behind the rejection of your claim, a lawyer can also provide options to contest this denial.
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What If I Was Injured on the Job, but My Employer Doesn’t Carry Workers’ Comp Insurance?
Every working individual has the right to claim workers’ compensation, so even if your employer doesn’t offer it, you’re free to file a claim at any DWC office near you. Naturally, you also have the option to file a lawsuit against your employer since under Section 3700.5 of the California Code, failing to provide insurance is a criminal offense.
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I Was Hurt on the Job and Filed a Claim, Then I Got Fired. Is That Legal?
An employer who conducts acts of aggression, discrimination, or any form of abuse due to your filing a claim is breaking the law, so they can be penalized for their misdemeanor. They cannot fire you due to work-related injuries or illnesses, nor can they put you in unfair situations due to ill feelings. Fortunately, a lawyer can help protect your rights and get the compensation you deserve.
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What If My Injury Occurred over Time?
Any type of illness or injury caused directly by your work — due to labor-intensive responsibilities, repetitive tasks, or poor working conditions — still warrants you a workers’ compensation claim.
