Workers’ Compensation Denial Attorneys in Sacramento, CA
Give Your Denied Workers’ Comp Case a Chance
Workers’ compensation benefits are supposed to help you recover in comfort after you are injured on the job or while completing a work-related task. Yet workers’ compensation claims are denied all the time for many different reasons. If this happened to your case, don’t give up hope. Pacific Workers', The Lawyers for Injured Workers in Sacramento is here to help.
We are a law firm that is dedicated to helping people out of difficult situations by guiding them through workers’ compensation denial cases and proceedings. You could have a chance to appeal your case and argue for the benefits during a hearing. Let us examine your situation and see the right path forward.
Learn about workers’ comp denials by dialing (888) 740-6434 today.
Reasons for Workers’ Comp Case Denials
Workers’ compensation cases are denied for many reasons, most of them legitimate. However, some are denied for the wrong reasons or due to unjust technicalities. No matter why your case was denied, you can trust our Sacramento workers’ comp denial lawyers for guidance and representation.
A workers’ comp claim can be denied due to:
- No Witness: Insurance companies never like injuries with no witness. Therefore, if you claim you got injured at work yet no one saw it, there’s nothing you can do about it. However, you need to report it to your employer immediately and make sure you tell your co-workers about it as well.
- Failure to Report the Injury Immediately: A common mistake of an employee who sustained an injury at work is not to report it immediately. With this, it is safe to assume for insurers that you weren’t really hurt due to the lack of immediate report. In CA, based on the workers’ comp laws, workers who get injured on the job must report it within a specific period. Therefore, if you get injured at work, don’t wait—instead, report it immediately and fill out a DWC-1 form.
- Inconsistency in Reports: If you tell someone one story and tell a different one to another, then it will put your case in jeopardy. The inconsistency of the reports will hurt your case. Make sure that when you tell what happened, you remain consistent with your story. If it helps, you can write it down so you won’t forget the details.
- Presence of Illegal Drugs in Your System: When you get injured at work and require immediate medical attention, you will be tested for drugs. If there’s a presence of illegal drugs in your system, then it’s likely your claim will be denied.
- Claiming After Getting Fired or Laid Off: Did you file a claim after getting fired or laid off? This usually happens to employees who wait a bit longer to file a claim. When this happens, it could make your claim questionable. Insurance companies often assure that it’s only a revenge claim. Therefore, don’t delay filing a claim—do it as soon as you can.
- Refusal to Provide a Recorded Statement: Insurance companies will often ask injured workers to provide a recorded statement describing the accident and their injuries. However, you shouldn’t create a recorded statement without the presence of a lawyer.
There are many reasons your claim can be denied. Don’t let it happen to you. With a good workers’ comp attorney by your side, you will be able to get what you deserve. Pacific Workers’ not only can help you get the compensation you deserve, but we will also help make the process a lot easier on your end.
Application for Adjudication of Claim
If our Sacramento workers’ compensation denial attorneys determine that your claim should not have been denied, then we can file an Application for Adjudication of Claim and a Declaration of Readiness to Proceed. With both documents filed, we will request that a workers’ compensation judge (WCJ) review your case during a hearing. Other steps can also be taken to prevent the denial, such as initial negotiations during a step called conciliation.
A positive outcome could result in:
- Reinstatement of your workers’ compensation benefits; or,
- Workers’ compensation settlement paid to make up for lost benefits.
Independent Contractors & Denied Claims
In California, independent contractors are not guaranteed workers’ compensation coverage and benefits in most situations. However, there have been many cases in which an employee who is owed workers’ compensation is wrongfully classified as an independent contractor. Sometimes, this mix-up has happened intentionally by an employer who wants to save money by not paying for workers’ comp.
You could be a misclassified employee if your employer requires you to:
- Work on a set schedule at a certain location.
- Wear a uniform and use a company vehicle.
- Use tools and equipment provided by the company.
- Follow exact instructions to complete tasks.
Did you file for workers’ compensation but were denied due to your status as an independent contractor? Call (888) 740-6434 and let us know. We might be able to determine that you are an employee who deserves benefits.
Don’t Sweat Workers’ Comp Denials – Contact Us
Get your workers’ compensation denial case under control with the help of Pacific Workers', The Lawyers for Injured Workers. We are here to help workers in all industries throughout Sacramento. If your claim was denied for any reason, there could be a way to fix it. Work with us to find out more.
Get a free initial consultation by clicking here!
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
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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
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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
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“I especially want to thank Mr. Jason Insdorf, who worked in attaining a settlement I never expected.”
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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.
