Workers’ Compensation Denials in Tracy
Representing Injured Workers in All Industries
The last thing you want to hear after you file for workers’ compensation benefits is that your claim was denied. However, countless workers in California and across the country receive denial letters when they file for much-needed workers’ comp benefits after a workplace accident. The gravity of the situation can trick you into thinking that your case is open-and-shut, but it’s not true. You might be able to challenge a denied claim.
With the help of our Tracy workers’ compensation denial lawyers of Pacific Workers', The Lawyers for Injured Workers, you can see how to challenge a denied workers’ comp claim. We are here to guide you through the entire process, as well as act on your behalf when interacting with other parties like the workers’ comp insurance policy provider. Leave everything up to us, so you can focus on recovering from your work injury.
Call (888) 740-6434 now. Free initial consultationsare available.
Why Do Insurers Deny Workers’ Comp Claims?
The reasons for a workers’ compensation claim denial will vary from case to case. No matter what, though, you have the right to know why your case was denied. You should be provided a denial letter with a clear explanation as to why it was denied by the relevant workers’ compensation commission or board. If there is no explanation given, then it could be a clear sign that your case was mishandled, so we must challenge the denial right away. Usually, though, there is at least one reason given.
Common reasons for workers’ compensation case denials include:
- Accident was never reported to the employer.
- Claim was filed after the time limit.
- Injury did not require medical attention or time off work.
- Injury happened in a non-work-related accident.
Don’t give up on your case just because the denial letter has a clear reason stated. Even if the commission thought the denial was justified, it might not be due to technicalities or legalities. Part of your attorney’s role will be to see if the denial can be challenged, regardless of the reasons given.
Call Our Firm Today – Don’t Delay
The time you must challenge a workers’ compensation denial could be very limited. Many cases only have a one-year window to challenge a denial, and some have much, much less time. Be cautious and assume that the time limit for a denial challenge is approaching quickly. Call (888) 740-6434 now to speak with our Tracy workers’ compensation denial attorneys.
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
Outcomes of a Successful Case
Our Tracy workers’ compensation denial lawyers can use an Application for Adjudication of Claim and a Declaration of Readiness to Process to put your denied case in front of a judge for a hearing. During this hearing, we can argue against the insurer as to why the denial was incorrect or unjustified. If the hearing does not end in your favor, then we can push for a trial instead. We are ready to fight for your rights as an injured worker, no matter what that requires.
A successful outcome for the workers’ compensation hearing could include:
- Your workers’ compensation benefits being instated as they should have been; or,
- A settlement paid to you that covers the cost of those benefits, as well as other losses caused by accident and denial.
We Can Represent Misclassified Workers
If you are an independent contractor, then you might have been told that you don’t qualify for workers’ compensation. Or you might have filed for workers’ comp benefits and been denied because you did not qualify for that insurance coverage. While this is true in many cases, it might not be true for yours if you were misclassified as an independent contractor who should actually be considered to be an employee.
In our years of helping workers throughout Tracy and the surrounding region, we have seen employees misclassified as independent contractors, either due to a mistake or intentionally. If you legally should be considered an employee, not a contractor, then that could be the starting point for the challenge of your workers’ compensation denial.
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.
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.
