Workers’ Compensation Appeals in Sacramento
Appealing Unfair Workers’ Comp Decisions
Many workers’ compensation claims filed in Sacramento, California, will be denied. In some of those cases, the reasons for the case denial aren’t even justified based on the California Division of Workers' Compensation (DWC) rules and regulations. When you are at a loss of what to do to get the workers’ comp benefits that you need to rest after a workplace accident, come to Pacific Workers', The Lawyers for Injured Workers. Our law firm is dedicated to standing up for injured workers throughout Sacramento who need legal help with filings, appeals, denials, and much more.
Call (888) 740-6434 to learn about workers’ comp appeals during a complimentary consultation.
Appealing a Workers’ Comp Decision
A Workers' Compensation Judge (WCJ) will review your initial filing to determine if it is legitimate. If the claim is approved, then you should be awarded the benefits that you deserve. A denied claim will halt your benefits and require you to make a decision: leave the case defeated or attempt to appeal it.
Workers’ Compensation Appeals Process
If your workers’ compensation claim was denied, you can consider appealing it with our help. An appeal basically asks the DWC to review the case again to see if it was denied wrongfully. Although this is a simple concept, the steps involved can get complicated, so the DWC will likely advise that you only proceed with the help of an attorney like someone from our firm.
Most workers’ compensation appeals processes will involve:
- Filing an Application for Adjudication of Claim with the DWC in Sacramento County.
- Wait for the DWC office’s response, which should include a confirmation that your filing was received and a case number.
- Schedule a Mandatory Settlement Conference (MSC) with a Workers’ Compensation Judge and the opposing party to attempt to negotiate a fair settlement agreement.
- Prepare for a scheduled trial or hearing if no agreement is reached that the WCJ is willing to approve.
- If dissatisfaction continues after the hearing, you can appeal the case again using a Petition for Reconsideration.
Throughout all of these steps, you can rely on Pacific Workers', The Lawyers for Injured Workers and our Sacramento workers’ comp appeals attorneys. We know how to handle every step, so you don’t have to busy yourself with legal work and complications. Overall, the appellate process could take up to four months in some cases, and we can be there by your side the entire time.
Workers’ Compensation Appeals Board
The California Workers’ Compensation Appeals Board (WCAB) will be an integral part of the appellate process. It is comprised of seven board members who are appointed by the Governor and confirmed by the Senate.
The WCAB does the following:
- Review workers’ compensation appeals.
- Regulate the workers’ compensation review process.
- Provide guidance to the workers’ compensation industry.
Get Legal Support for Workers’ Comp Appeals in Sacramento
You could have a better chance of winning a worker’s compensation appeal if you pay close attention to the deadlines, documents, and details. However, you probably need to rest after a work-related accident. To make sure that your case is hitting the right marks and you aren’t missing any deadlines, put the Sacramento workers’ comp appeals lawyers of our firm in charge. We are here to lend 75+ years of legal experience to do the most possible for your case.
Call (888) 740-6434 now to see if we can work on your appeals case.
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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.
