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 (888) 740-6434 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:
- Claim was filed after the time limit.
- Injury happened in a non-work-related accident.
- Injury did not require medical attention or time off work.
- Accident was never reported to the employer.
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.
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.
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 (888) 740-6434 today.
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 (888) 740-6434 to request a no-obligation case evaluation, so we can see if you could have a chance to challenge the denial.
Thank you for being so kind and completely sympathetic to my case!- Jazzie D.
They took care of me!- Gabi O.
Pacific Workers' Comp is one of the best places to get help from when you need help with an injury from work!- Lamar B.
Bilal is very professional, caring and committed to his clients!- Guy H.
The most down to earth team I have ever met!- Nekealla C.
PWC has provided me with exceptional care!- Jaaziel B.