Workers’ Compensation Denials in San Jose

Call Our San Jose Law Firm If Your Claim was Denied

If you were hurt on the job, then you should be able to depend on workers’ compensation benefits to get you back on your feet. However, many workers’ compensation claims are denied when they are first filed. The denials can be issues for a variety of reasons, but you don’t need a variety of law firms to help with your case. Pacific Workers', The Lawyers for Injured Workers in San Jose can offer all the legal counsel and representation that you need to challenge a workers’ comp denial.

An appeal can be used to challenge the denial, and our attorneys are well-versed in all steps of a workers’ comp appeal. We are here to assess your case, uncover why it was designed, and strategize an appeal based on our findings.

Learn more today by calling us at (888) 740-6434 and asking for a free case evaluation.

Why Workers’ Comp Cases are Denied

It might be tempting to assume that your workers’ compensation claim was denied for incorrect reasons. Yet there are many legitimate reasons why a claim can be denied. One of the first steps when helping with your denial is to review the denial letter to find the reasoning behind it.

Workers’ compensation claims can be denied for these reasons and more:

• Failure to file the claim on time.
• Employer argues the accident or injury was not work-related.
• Injuries are not severe enough to need medical attention or cause lost wages.
• Accident was never reported to the employer.

Steps to Challenge a Denied Claim

If we determine that the reason for the denial was mistaken or unjustified, then we can file an Application for Adjudication of Claim and a Declaration of Readiness to Proceed. Using these documents, we can move your case to be heard by a judge during a hearing.

In some cases, the hearing will move to a trial, too. We can prepare your case for arguments in a hearing and challenges that come up during a trial. No matter what we will fight for the denial’s reversal.

Depending on the outcome of the trial or hearing:

• Your workers’ compensation benefits could be instated and provided as they should have been from the beginning; or,
• You could be given a settlement that pays for the benefits that you require as well as other losses caused by the accident and denial.

Denials for Independent Contractors

Are you employed as an independent contractor, got hurt at work, and were unable to get workers’ compensation? Please call (888) 740-6434 as soon as possible. With an investigation, our San Jose workers’ comp denial attorneys might be able to prove that you should have been classified as an employee, not an independent contractor, which would make you eligible for workers’ compensation insurance coverage paid for by your employer.

You might be a misclassified employee if your employer requires you to:

• Work on a set schedule and chooses your workplace.
• Wear a certain uniform and follow precise instructions.
• Use tools or equipment provided by the company.

We have helped many local workers who filed their taxes as independent contractors because that’s what their employers called them, but who were actually employees under legal definitions. This could have happened to you, too, so let’s find out by discussing your options today.

Get Legal Help for Workers’ Comp Denials

Don’t accept a workers’ compensation claim denial at its surface value. We encourage you to always at least talk to our attorneys from Pacific Workers', The Lawyers for Injured Workers. During an initial consultation, we might be able to find a few solutions and ways to appeal the denial, so you can get the workers’ comp benefits that you need to recover from a workplace accident.

We look forward to hearing from you. Dial (888) 740-6434 at any time.