Workers’ Compensation Denials in Stockton
Was Your Claim Denied? Call Our Lawyers
If you or a loved one has suffered an injury or illness at work that may be covered by California's workers' compensation laws, Pacific Workers', The Lawyers for Injured Workers in Stockton can help, even if your claim was denied. Our experienced attorneys understand how to navigate the often-complex process of filing for workers' comp benefits, which only gets even more complicated once a denial has been issued. Do not miss your opportunity to pursue the benefits and compensation that you deserve. Take action today by reaching out to our firm.
For a free initial consultation, just dial (888) 740-6434 at any time.
Reasons for Workers’ Comp Denials
When a workers’ compensation claim is denied, don’t assume that the case is over. Even if the case is denied for legitimate reasons, there might be a possibility to reverse the denial or challenge it in court if necessary.
To begin a workers’ compensation denial case, our attorneys will want to review the denial letter that should have been sent to you as soon as possible once the denial was processed. Using this letter, we can see if the denial is factually incorrect, or if there is another reason why it might not be correct based on the specifics of your case.
Examples of common reasons for a workers’ compensation claim denial are:
- Claim was filed after the time limit.
- Injury happened in a non-work-related accident.
- Injury did not require medical attention or time off work.
- Accident was never reported to the employer.
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“They have strong communication and I was respected throughout the whole process. They had never given up on me!”
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How to Challenge a Denied Claim
When our Stockton workers’ compensation denial attorneys spot a reason to challenge a denial, we can next work on our strategy to challenge it. By using an Application for Adjudication of Claim and a Declaration of Readiness to Proceed, we can begin the process to challenge the denial and bring the case before a judge. If the judge’s decision is not in your favor or we expect the opposition to oppose a ruling in your favor, you don’t have to worry. We will be ready to take the case to trial after the hearing.
After the trial or hearing, if it ends in your favor:
- Your workers’ compensation benefits can be instated; or,
- You could be provided a settlement that pays for the benefits you should have been given, as well as other losses that might have occurred due to the denial.
We cannot guarantee or promise one outcome or another. However, when you are our client, we can say that we use our full range of talents and experience to do the most for your case, so it gets a fair chance in and out of court.
Do you think that you might be a misclassified employee who needs workers’ compensation benefits after an incorrect claim denial? We want to hear from you. Call (888) 740-6434 today.
Are You an Independent Contractor?
In California, most independent contractors are not covered by workers’ compensation insurance. However, we have also seen cases in which someone was incorrectly classified as an independent contractor when they were performing the work of an employee. If you were incorrectly classified and injured at work or in a work-related accident, then you could still be eligible for workers’ compensation coverage as an employment benefit.
Under California’s “ABC test” for employment status, you are an employee unless the employer can prove that:
- You are free from the control and direction of the employer related to work performance and procedures;
- You perform work that is outside the usual course of the employer’s business; and,
- You are “customarily engaged” in an independently established trade, occupation, or business that is the same as the employer’s.
We are Standing By – Contact Our Firm
Our Stockton workers’ comp case denial lawyers are dedicated to fighting for the rights of injured workers in all industries. If your claim has been denied for any reason, please act quickly. Dial (888) 740-6434 to request a no-obligation case evaluation, so we can see if you could have a chance to challenge the denial.
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.
