Workers’ Compensation Denial Attorneys in Sacramento, CA
Give Your Denied Workers’ Comp Case a Chance
Workers’ compensation benefits are supposed to help you recover in comfort after you are injured on the job or while completing a work-related task. Yet workers’ compensation claims are denied all the time for many different reasons. If this happened to your case, don’t give up hope. Pacific Workers', The Lawyers for Injured Workers in Sacramento is here to help.
We are a law firm that is dedicated to helping people out of difficult situations by guiding them through workers’ compensation denial cases and proceedings. You could have a chance to appeal your case and argue for the benefits during a hearing. Let us examine your situation and see the right path forward.
Learn about workers’ comp denials by dialing (888) 740-6434 today.
Reasons for Workers’ Comp Case Denials
Workers’ compensation cases are denied for many reasons, most of them legitimate. However, some are denied for the wrong reasons or due to unjust technicalities. No matter why your case was denied, you can trust our Sacramento workers’ comp denial lawyers for guidance and representation.
A workers’ comp claim can be denied due to:
- Failing to file before the filing deadline.
- Injury was not related to work.
- Injury did not need medical attention.
- No wages were lost due to the injury.
- Employer was never informed of the accident.
- Employee intentionally suffered the injury.
Application for Adjudication of Claim
If our Sacramento workers’ compensation denial attorneys determine that your claim should not have been denied, then we can file an Application for Adjudication of Claim and a Declaration of Readiness to Proceed. With both documents filed, we will request that a workers’ compensation judge (WCJ) review your case during a hearing. Other steps can also be taken to prevent the denial, such as initial negotiations during a step called conciliation.
A positive outcome could result in:
- Reinstatement of your workers’ compensation benefits; or,
- Workers’ compensation settlement paid to make up for lost benefits.
Independent Contractors & Denied Claims
In California, independent contractors are not guaranteed workers’ compensation coverage and benefits in most situations. However, there have been many cases in which an employee who is owed workers’ compensation is wrongfully classified as an independent contractor. Sometimes, this mix-up has happened intentionally by an employer who wants to save money by not paying for workers’ comp.
You could be a misclassified employee if your employer requires you to:
- Work on a set schedule at a certain location.
- Wear a uniform and use a company vehicle.
- Use tools and equipment provided by the company.
- Follow exact instructions to complete tasks.
Did you file for workers’ compensation but were denied due to your status as an independent contractor? Call (888) 740-6434 and let us know. We might be able to determine that you are an employee who deserves benefits.
Don’t Sweat Workers’ Comp Denials – Contact Us
Get your workers’ compensation denial case under control with the help of Pacific Workers', The Lawyers for Injured Workers. We are here to help workers in all industries throughout Sacramento. If your claim was denied for any reason, there could be a way to fix it. Work with us to find out more.
Get a free initial consultation by clicking here!
We have Helped OVER 8,000 CLIENTS aND WE CAN HELP YOU TOO!
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Thank you for being so kind and completely sympathetic to my case!
“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.”
Jazzie D. Daly City, CA -
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!”
Nekealla C. Tracy, CA -
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
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.
