San Jose Workers’ Compensation Appeals Attorneys
Helping You Appeal Workers’ Comp Denials
Workers’ compensation is designed to help you stay financially stable as you recover from a work-related accident. However, workers’ comp benefits are not guaranteed. There are reasons why workers’ comp claims can be denied, and those reasons are used countless times each year to deny claims across the country.
If you were injured in a workplace accident in San Jose, then please know that Pacific Workers', The Lawyers for Injured Workers and our workers’ comp denial lawyers can help you explore your options. With more than 130 years of collective legal experience, we are prepared to navigate your case from start to finish. Through an appeal to the Workers’ Compensation Appeals Board (WCAB) and an administrative law judge (ALJ), we might be able to recover the benefits owed to you. If necessary, we can pursue a lawsuit if the claim was denied and fight for a settlement in your name.
Please call to contact our San Jose workers’ compensation office now if your claim was denied for any reason.
When to Appeal a Workers’ Comp Claim Denial
Don’t assume that a workers’ compensation claim denial means that you can’t get workers’ comp benefits. No matter how straightforward or assertive the denial notification might have sounded, there could be a real chance to appeal the denial and get the benefits that you need. In many cases, denials happen due to a clerical error, like a simple filing mistake, so correcting the issue could be simpler than you think. It would be a shame to lose the benefits owed to you just because you don’t want to explore your legal options.
At our firm, we believe that anyone who has had their workers’ compensation claim denied can benefit from at least talking to our appellate attorneys. You will never know how much your life could be changed for the better if you take the denial letter at face value. With our legal counsel and representation, you will be ready to file the appeal, attend the appellate hearing, speak with an administrative law judge to prove your argument, and much more.
Why Workers’ Comp Claims are Denied
The start of the workers’ comp appellate process is to understand why your claim was denied. In the denial notification that you received, the reason should be explained clearly. If it is not, then it could constitute bad faith insurance, which is a different legal conflict altogether.
A few common grounds for workers’ compensation claim denials include:
- No applicable workers’ compensation coverage
- No medical treatment was necessary for the injury
- No wages were lost due to the injury or recovery process
- Injury was not reported in time
- Claim was not filed in time
- Claim was filed with errors
- Credible accusations of intentional employee misconduct
Based on the reason for the workers’ comp claim denial, our team can start to build the argument to present during the appeal. If we think that an appeal is not the right course of action, we will let you know. Honesty and transparency are two of our foundational principles at Pacific Workers', The Lawyers for Injured Workers.
Basic Steps to File an Appeal
What does the workers’ compensation claim appellate process look like in California? You don’t need to worry about the details yourself, not when you have our San Jose workers’ comp appeals lawyers acting on your behalf. We are ready to help move your case forward in all circumstances.
Every appellate process is unique, but most will include these basic steps:
- Filing an Adjudication of Claim with the local Department of Workers’ Compensation office.
- Requesting a hearing before the WCAB.
- Attending a mandatory settlement conference (MSC) to see if the issue can be solved through a settlement that doesn’t require a trial.
- Preparing for trial if a settlement or the initial appellate hearing is not successful.
- Attending the trial, presenting evidence and arguments, and awaiting the judge’s decision within 30 to 90 days.
- Filing a petition for reconsideration if the judge’s decision was lawfully erroneous.
Call to Arrange a Free Consultation
Pacific Workers', The Lawyers for Injured Workers is here to help you make the most of your workers’ compensation appeal in San Jose. No matter what industry you work in or how you were injured at work, we can help you. Our experience and resources are extensive enough to handle any case with confidence, so put yours in trusted hands today.
For a FREE consultation, just dial .
We have Helped OVER 8,000 CLIENTS aND WE CAN HELP YOU TOO!
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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
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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
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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 got a compensation package that I was very happy with!
“My attorney provided me with a very smooth experience, patiently answered all my questions, and worked hard to represent my best interests.”
Dro L. Redwood City, CA
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I would highly recommend PWC!
“PWC's staff is knowledgeable and informative when it comes to answering your questions and ensuring you're well informed during the process.”
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!
“Iana and Sergio are very helpful, and Pacific Workers' Comp is one of the best places to get help from when you need help with an injury from work they have been helping me out through my trying time and doing a damn good job with dealing with stuff that I can't handle and I really appreciate all their help if you ever need help with an injury at work this is the place to go.”
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.”
Jaaziel B. -
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!”
Heikelyn J. -
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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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.
