Workers’ Compensation Appeals in Oakland
Helping Injured Workers Appeal Their Workers’ Comp Decision
Unfortunately, a large percentage of workers’ compensation claims are denied the first time around. However, that doesn’t mean that you are without options. Injured workers are allowed to file an appeal if they disagree with the decision on their claim. During the appeals process you will be given the opportunity to present your case before the California Workers’ Compensation Appeals Board (WCAB). If your appeal is approved, you will receive the compensation you deserve.
Before you go before the California workers’ comp appeals board, it’s important that you have a strategy for arguing your case. That’s where we can help. Call (888) 740-6434 today to discuss your case in a complimentary consultation.
How to Appeal a Workers’ Compensation Decision
After your initial case has been reviewed by a Workers’ Compensation Judge (WCJ), they will provide a ruling as to whether you can receive workers’ compensation benefits for your injuries. An approved claim means that you will be awarded compensation. A denied claim, however, means that unless you appeal the decision, you will not be awarded any compensation.
What is the Workers’ Comp Appeals Process?
So how do you appeal a workers’ comp denial? In most cases the workers’ comp appeals process will be as follows:
- You will need to file an Application for Adjudication of Claim with the California Division of Workers’ Compensation (DWC) in the county where the injury occurred; these offices are located throughout the state, including in Oakland
- After your complaint has been filed, the DWC office will send you a notice confirming that it was filed and will also provide you with a case number.
- After your application is received, you will need to schedule a Mandatory Settlement Conference (MSC) with the judge in which they will attempt to resolve the situation between you and the other party; this is accomplished by filing a Declaration of Readiness to Proceed at the DWC.
- If the judge is unable to reach a settlement with both parties, they will proceed to scheduling a trial in which both parties will be able to present their case before another judge and call witnesses.
- After your workers’ compensation appeals board hearing, if you or the other party are still unsatisfied with the ruling of that judge, you will have the opportunity to file another appeal known as a “Petition for Reconsideration.”
Appealing a denied workers’ comp claim can be daunting. Luckily, you don’t have to go through the process alone. Call Pacific Workers’ Compensation Law Center today to begin putting together an appeal strategy.
We have Helped OVER 8,000 CLIENTS aND WE CAN HELP YOU TOO!
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“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.”
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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 -
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!”
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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
What is the Workers’ Compensation Appeals Board?
The California Workers’ Compensation Appeals Board (WCAB) is a seven-member board appointed by the California Governor and confirmed by the Senate. Its primary purposes are as follows:
- To provide guidance to the workers’ compensation community
- To review workers’ compensation appeals
- To regulate the workers’ compensation review process
How Long Do Workers’ Comp Appeals Take?
The entire appeal process will take anywhere from two to four months, depending on the caseload that the Workers’ Compensation Appeals Board is experiencing at the time you file.
What Are My Chances of Winning a Workers’ Comp Appeal?
Your chances of winning your workers’ compensation appeal are much higher if you are represented by a professional workers’ comp attorney. By hiring an attorney to represent you, you can ensure that all of your motions and paperwork are filed on time and that your case will be strongly argued before the workers’ compensation judge and the insurance company.
How To Win a Workers’ Comp Appeal
The best way to win your appeal is to:
- Pay close attention to what documents need to be filed and when the deadlines are
- Be sure to keep careful, detailed records of your injuries and the events surrounding your injury at work
- Hire an appeals attorney who will give your case the time and attention it needs
The team at Pacific Workers’ Compensation Law Center has over 75 years of experience representing injured workers. We provide a team approach that allows us to tackle every aspect of your case (no matter how big or small) with fresh energy and expertise.
If you need help appealing your workers’ comp claim, reach out to our team of workers’ compensation appeals attorneys in Oakland, CA by calling (888) 740-6434. We offer free initial consultations.
Workers' Comp FAQ
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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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Can't I Just File for Workers' Compensation on My Own?
Filing for workers' compensation on your own increases the chances that your claim will be denied. One small misstep can prevent you from obtaining the compensation you need for your injuries. In addition, the process is usually complex and tedious, especially for someone with no workers' compensation law experience. It is extremely advantageous that you seek reliable and experienced legal guidance for your claim.
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What Can I Expect from the Workers' Compensation Process?
As soon as you reach out to us for help, we will assign you a full-time case manager and attorney. An application will be filed with the Workers' Compensation Appeals Board (WCAB) on your behalf. We will get started on your case immediately to help you receive the medical care you need. If we are unable to receive a fair settlement from the insurance company, we are ready and willing to take your case to trial. After a few months, you will most likely give a deposition. One of our highly experienced attorneys will prepare you and stand at your side the entire time. You don't even have to attend court hearings! One of our trained hearing officers or attorneys can attend on your behalf.
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Can My Employer Tell Me to Use Sick Time or Vacation/Personal Time off (PTO) If I’m Injured at Work?
Following a work-related injury, you may not receive workers’ compensation benefits right away or your workers’ compensation claim may be denied. You may receive a note from your doctor that you may take time off work due to your injuries, but how will you be paid if you are not actively seeking workers’ compensation benefits? Your employer may tell you to use your state-mandated/employer-provided sick time in order to continue being paid while you are out of work. Once this sick time is exhausted, your employer may tell you that the only way you can continue to be paid is if you use your vacation or PTO time. In some cases, this may actually be the only way to continue receiving wages while you are out of work and not receiving workers’ compensation benefits. For more information, check out our video with Attorney Bilal Kassem on this topic by visiting our Facebook page!
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Can I Get Workers’ Compensation If I Was Fired?
If you were terminated while already receiving workers’ compensation benefits, this does not necessarily affect your right to receive benefits. However, if you were terminated “for cause” (for example, if you were fired because you were caught stealing from your employer), you will not be able to continue collecting benefits. If you were not fired for cause, but were laid off due to your position being terminated or various other reasons, you may still be able to continue collecting your workers’ compensation benefits. If you believe you were terminated because you filed for workers’ compensation or because you were hurt at work, you may have grounds for a retaliation claim. Learn more, including whether you can continue receiving workers’ compensation benefits if you were laid off due to the coronavirus pandemic, see our video with Attorney Bilal Kassem on our Facebook page.
