Workers’ Compensation Denials in Stockton
Was Your Claim Denied? Call Our Lawyers
If you or a loved one has suffered an injury or illness at work that may be covered by California's workers' compensation laws, Pacific Workers', The Lawyers for Injured Workers in Stockton can help, even if your claim was denied. Our experienced attorneys understand how to navigate the often-complex process of filing for workers' comp benefits, which only gets even more complicated once a denial has been issued. Do not miss your opportunity to pursue the benefits and compensation that you deserve. Take action today by reaching out to our firm.
For a free initial consultation, just dial at any time.
Reasons for Workers’ Comp Denials
When a workers’ compensation claim is denied, don’t assume that the case is over. Even if the case is denied for legitimate reasons, there might be a possibility to reverse the denial or challenge it in court if necessary.
To begin a workers’ compensation denial case, our attorneys will want to review the denial letter that should have been sent to you as soon as possible once the denial was processed. Using this letter, we can see if the denial is factually incorrect, or if there is another reason why it might not be correct based on the specifics of your case.
Examples of common reasons for a workers’ compensation claim denial are:
- You Missed The Deadline: The statute of limitations for Workers’ Comp is 1 year from the date of your injury or the last time you were treated by a Workers’ Compensation doctor. Sometimes, injured workers aren’t aware of this, and you might not know you have to file the claim within 1 year. This can hurt your claim. You should also understand that once the insurance company receives the claim, they will have up to 90 days to investigate the claim. Within those 90 days you are entitled for up to $10,000 in medical benefits.
- Not Having Evidence: The insurance company needs to know what happened, and they want to see some proof that you were injured while on the job. Many injured workers don't have the evidence they need to succeed in getting their claim approved and this can be used against them. If this is your case, seek for legal help as soon as possible.
- Other reasons: The injury happened in a non-work-related accident, the injury did not require medical attention or time off work, or the accident was never reported to the employer.
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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!
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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 -
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“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
How to Challenge a Denied Claim
When our Stockton workers’ compensation denial attorneys spot a reason to challenge a denial, we can next work on our strategy to challenge it. By using an Application for Adjudication of Claim and a Declaration of Readiness to Proceed, we can begin the process to challenge the denial and bring the case before a judge. If the judge’s decision is not in your favor or we expect the opposition to oppose a ruling in your favor, you don’t have to worry. We will be ready to take the case to trial after the hearing.
After the trial or hearing, if it ends in your favor:
- Your workers’ compensation benefits can be instated; or,
- You could be provided a settlement that pays for the benefits you should have been given, as well as other losses that might have occurred due to the denial.
We cannot guarantee or promise one outcome or another. However, when you are our client, we can say that we use our full range of talents and experience to do the most for your case, so it gets a fair chance in and out of court.
Do you think that you might be a misclassified employee who needs workers’ compensation benefits after an incorrect claim denial? We want to hear from you. Call today.
Are You an Independent Contractor?
In California, most independent contractors are not covered by workers’ compensation insurance. However, we have also seen cases in which someone was incorrectly classified as an independent contractor when they were performing the work of an employee. If you were incorrectly classified and injured at work or in a work-related accident, then you could still be eligible for workers’ compensation coverage as an employment benefit.
Under California’s “ABC test” for employment status, you are an employee unless the employer can prove that:
- You are free from the control and direction of the employer related to work performance and procedures;
- You perform work that is outside the usual course of the employer’s business; and,
- You are “customarily engaged” in an independently established trade, occupation, or business that is the same as the employer’s.
We are Standing By – Contact Our Firm
Our Stockton workers’ comp case denial lawyers are dedicated to fighting for the rights of injured workers in all industries. If your claim has been denied for any reason, please act quickly. Dial to request a no-obligation case evaluation, so we can see if you could have a chance to challenge the denial.
Workers' Comp FAQ
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Are Independent Contractors Eligible for Workers’ Compensation Benefits?
Independent contractors are generally not eligible for workers' compensation benefits because they are not considered employees under California law. However, some employers may misclassify employees as independent contractors. If you believe you are misclassified, consult with a legal professional to assess your situation.
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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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Are There Other Benefits I Can Receive If I’m Unable to Work During the Off-Season Because of an Injury?
If you're unable to work during the off-season because of a work-related injury, you may be eligible for additional benefits, such as those provided by the Employment Development Department (EDD). It's important to explore all available resources to support yourself during your recovery.
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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 Long Do I Have to File a Workers’ Compensation Claim?
In California, you generally have one year from the date of your injury to file a workers’ compensation claim. However, you should report the injury to your employer within 30 days to avoid complications.
