Fresno Workers’ Comp Appeals Attorney
Ready to Help Whenever You Need Us
Many people who need workers’ compensation benefits after a workplace accident are surprised to learn that a large percentage of all workers’ comp claims face first-round denials. Insurance companies want to save money, and the fastest way to do that is to deny as many claims as possible. At Pacific Workers', The Lawyers for Injured Workers, we take pride in helping local workers stand up to insurance companies by challenging unfair case denials.
If you work in Fresno and your worker’s comp claim was denied for any reason, talk to our attorneys about the workers’ comp appeals process. We can walk you through the entire procedure, starting with a review to check if your claim is eligible for an appeal. If it is, we can provide compassionate and knowledgeable legal representation during Workers’ Compensation Appeal Board (WCAB) hearings before administrative law judges (ALJ), as well as any interactions with your employer or the insurance provider.
Make your workers’ comp appeal simple for you by handing it to us. Call (888) 740-6434 and request an initial consultation. Hablamos Español.
Why Are Workers’ Comp Claims Denied?
Workers’ compensation claims can be denied for many reasons. Oftentimes, a denial is justified based on the circumstances.
A workers’ compensation claim might be denied for these valid reasons:
- You were not hurt during the scope of your employment.
- Your injury was minor and required no professional medical care.
- You did not lose or miss any income due to the injury.
In other situations, though, an investigation may reveal that the insurance company did not provide a legally acceptable reason to deny the claim. If no reason for the denial is given, then it probably is illegitimate. The purpose of an appeal is to ask the WCAB to review the denial and allow you and your attorney an opportunity to explain why it should not be accepted.
Workers’ Comp Appellate Hearings
The workers’ compensation appellate process in California is somewhat unique in that it does not start and end in a typical courtroom. Instead, an appellate case will require a hearing before the Workers’ Compensation Appeal Board, which is usually held in the CA State Division of Workers’ Compensation office in Fresno. An administrative law judge will oversee the hearing and decide on the outcome, which could be the court’s approval of the workers’ compensation benefits owed to you, a lump-sum settlement to be paid to you based on the value of the benefits you need, or the court’s approval of the denial.
During a WCAB appellate hearing, you can expect:
- The hearing to carry out like a trial, with both sides bringing arguments and evidence to the judge’s attention.
- The judge to make a decision based on the letter of the law unless some discretionary decision-making would be the fairest.
- Your attorney to do all the talking for you unless you decide ahead of time that you should make certain statements yourself.
If the ALJ cannot reach a decision based on the facts presented by both sides, a workers’ compensation trial will be scheduled. If the case ends out of your favor but you think the denial is still legally unjustified, you can talk to our attorneys about potential next steps, such as appealing to a higher court.
For Start to Finish Legal Help, Call Now
To make sense of your workers’ comp denial, talk to the Fresno workers’ compensation appeals attorneys of Pacific Workers', The Lawyers for Injured Workers. We keep our phone lines open 24/7, so it is always the right time to reach out for help. We’re standing by to fight for your right to fair compensation after a work injury.
Call (888) 740-6434 now. If you prefer, you can send an online contact form, too.
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
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I would highly recommend PWC!
“PWC's staff is knowledgeable and informative when it comes to answering your questions and ensuring you're well informed during the process.”
Patrick P.
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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What If My Employer Denies My Workers’ Compensation Claim Because I’m a Seasonal Worker?
Employers in California are legally required to provide workers' compensation coverage to all employees, including seasonal workers. If your claim is denied, it's advisable to consult with a workers' compensation attorney to understand your rights and explore options for appealing the decision.
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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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How Is Workers’ Compensation Calculated for Seasonal Workers?
Compensation for seasonal workers is typically based on your average weekly earnings during the employment period. If you're unable to work due to the injury after the season ends, eligibility for benefits may depend on factors such as your employment history and whether you usually seek other employment during the off-season.
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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.
