Fremont Workers' Compensation Appeals Attorneys
Protecting Injured Workers in Fremont, CA
Workers are often injured in accidents and develop occupational illnesses on the job. Our firm is here to help them with their workers' compensation claims. If you have been hurt or made ill while working in Fremont, you may be entitled to workers' compensation benefits that can pay for your medical treatments and lost wages.
But what can you do if your employer's insurer denies your claim? You can file an appeal, but you only have a limited time to do so. Get professional legal assistance from our Fremont workers' compensation appeals lawyers at Pacific Workers' to get the ball rolling and maximize your chances of a successful appeal.
Contact Pacific Workers today at (888) 740-6434 to get started by scheduling a free case evaluation.
How to File a Workers' Comp Appeal in Fremont, CA
If workers' compensation benefits are denied by the insurance company, they can file a formal claim with the DWC. This starts the process of appealing the denial.
Here's an overview of the process:
- Filing a Claim: When a worker is injured on the job, they should report the injury to their employer within 20 days. The employer must provide the injured worker with a claim form for workers' compensation benefits (DWC-1). The injured worker must fill out this form and return it to their employer.
- Employer's Response: After receiving the completed claim form, the employer submits the form to their workers' compensation insurance carrier. The insurance carrier then has 90 days to investigate the claim and either accept or deny it.
- Benefit Determination: If the claim is accepted, the injured worker will begin receiving workers' compensation benefits, which may include medical treatment, temporary disability payments, permanent disability payments, and vocational rehabilitation services if necessary. If the claim is denied, the injured worker has the right to appeal the decision.
- Filing an Appeal: To appeal a denied claim, the injured worker must file an Application for Adjudication of Claim with the Workers' Compensation Appeals Board (WCAB). This form initiates the formal legal process of resolving the dispute.
- Pre-Hearing Conference: After the Application for Adjudication of Claim is filed, the WCAB will schedule a mandatory pre-hearing conference. During this conference, the parties involved (the injured worker, employer, and insurance carrier) may attempt to reach a settlement through negotiation or mediation.
- Formal Hearing: If a settlement cannot be reached, the case will proceed to a formal hearing before a workers' compensation judge. At the hearing, each party will have the opportunity to present evidence, testimony, and arguments supporting their position.
- Decision and Appeals: After considering all the evidence presented, the workers' compensation judge will issue a written decision. If either party is dissatisfied with the judge's decision, they have the right to appeal to the Workers' Compensation Appeals Board. Further appeals may be made to higher courts if necessary.
- Enforcement of Decision: Once a decision is final, it is legally binding, and the parties must comply with its terms. Failure to comply may result in penalties or enforcement actions by the WCAB.
If you have been denied workers' compensation benefits that you need, then you should not give up hope. You have the right to file an appeal. But you will need to act quickly and you will need to know what you are doing.
How Our Fremont Workers' Compensation Appeals Lawyers Can Help
Our Fremont workers' compensation appeals lawyers can help you with every aspect of your appeal. We know how the process works and what it takes to win. our team can help you get the benefits that you need and deserve.
Here are some of the ways that our Fremont workers' compensation appeals lawyers can help you:
- We can help you gather evidence that supports your claim and prepare your argument.
- We can help you have a doctor testify on your behalf.
- We can help you answer all of the questions that the judge asks you.
- We can help you counter any arguments that your employer or your employer's insurer makes against you.
- We can help you explain why you are entitled to workers' compensation benefits.
Contact us at (888) 740-6434 to request a free consultation with our workers' compensation appeals attorneys in Fremont, CA.
We have Helped OVER 8,000 CLIENTS aND WE CAN HELP YOU TOO!
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They didn't give up on me.
“Pacific Workers went to bat for me. Was I an easy person to get along with, no but they didn’t give up on me.”
David W.
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Thank you for being so kind!
“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.”
Jazzie D. Daly City, CA
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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
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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
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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
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I got a compensation package that I was very happy with!
“My attorney provided me with a very smooth experience, patiently answered all my questions, and worked hard to represent my best interests.”
Dro L. Redwood City, CA
Proudly Serving Northern California
Workers' Comp FAQ
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Do independent contractors get workers’ compensation in California?
No, most independent contractors are not covered by workers’ compensation insurance that is provided by their employer. The law does not require most employers to offer this sort of employment benefit to independent contractors. To get workers’ comp as an independent contractor, you will usually have to purchase a policy on your own.
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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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My Employer Said That I’m an Independent Contractor, Not a Regular Employee, so I Can’t Get Benefits. Is This True?
You’re not necessarily an independent contractor by law if the nature of your job doesn’t fit the description, an attorney may help analyze your situation and guide you in this matter. There are high chances of contractors being eligible for workers’ compensation benefits, so it’s always worth trying.
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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 is the California 90-day rule for workers’ compensation?
After you inform your employer about your workplace accident, they need to tell the insurance company as soon as possible, usually within the same workday. Then, the claim administrator has 90 days to accept or deny your claim, with medical benefits being provided throughout that time. If there is no response within 90 days, then your claim ends in your favor by default.
