Stockton Workers’ Comp Appeals Attorney
Honest Lawyers Ready to Help
Has your workers’ compensation claim in Stockton been denied? Don’t get stressed out by it right away. Instead, come to Pacific Workers', The Lawyers for Injured Workers for all the legal help you need.
Workers’ comp case denials are not unusual, but they don’t have to be accepted sitting down. You can stand up for your claim and file an appeal with our help. We can guide and represent you during Workers’ Compensation Appeals Board (WCAB) hearings and hearings with administrative law judges (ALJ). No matter what needs to be done, we can fight to make sure that you get the worker’s compensation benefits that you need to recover after a workplace accident in Stockton.
Call (888) 740-6434. We help workers in all industries.
Grounds for Workers’ Comp Denials
Most workers’ compensation claims that are denied are denied for basic, uncontroversial reasons. Don’t jump to the conclusion that you did something wrong or that your workers’ comp filing was unlawful. With an investigation from our team, we can figure out what grounds were used to deny your workers’ comp claim, which is the first step in appealing that denial.
Valid reasons for workers’ compensation denials include:
- Your injury happened in a way that was not related to your employment.
- Your injury was minor and did not require outside medical attention.
- Your injury did not make you miss any income.
- Your injury happened due to your egregious negligence or disregard for safety rules.
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
Appeals Process
Based on our findings regarding the grounds for your workers’ compensation claim denial, we can start to form an argument to appeal it. We can file a request for a hearing with the local Workers’ Compensation Appeals Board. With preparation and representation from an experienced workers’ comp appellate attorney, this first hearing might also be the last for your case. For many of our clients, we can successfully appeal the denial of their workers’ comp claim with one WCAB hearing.
During the WCAB appellate hearing, you can expect:
- The hearing to be scheduled within a reasonable amount of time.
- The situation to feel like a trial, including the presentation of evidence and arguments.
- The administrative law judge to make a decision based mostly on the letter of the law.
- The medical evidence like your medical record to be the most useful form of evidence.
If the appellate hearing does not end in your favor, or if the ALJ is not convinced of one side’s argument over the other, then the case can be moved to a workers’ compensation trial. We can represent you during a workers’ compensation appellate trial, too, so you don’t need to worry about finding another law firm for help.
We’re Always Ready to Help – Call Today
You should act quickly if your worker’s compensation claim has been denied after a workplace accident in Stockton. You could have a very limited amount of time to file a workers’ comp appeal, depending on when your accident happened. Pacific Workers', The Lawyers for Injured Workers is standing by to help new and returning clients who need to appeal a workers’ comp claim denial. Our goal is to get you the most benefits possible, so you can recover without worrying about the cost of medical care, missing wages, and more.
Contact us now to learn all the ways that we can help.
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.
