San Jose Workers’ Compensation Appeals Attorneys

Helping You Appeal Workers’ Comp Denials

Workers’ compensation is designed to help you stay financially stable as you recover from a work-related accident. However, workers’ comp benefits are not guaranteed. There are reasons why workers’ comp claims can be denied, and those reasons are used countless times each year to deny claims across the country.

If you were injured in a workplace accident in San Jose, then please know that Pacific Workers', The Lawyers for Injured Workers and our workers’ comp denial lawyers can help you explore your options. With more than 130 years of collective legal experience, we are prepared to navigate your case from start to finish. Through an appeal to the Workers’ Compensation Appeals Board (WCAB) and an administrative law judge (ALJ), we might be able to recover the benefits owed to you. If necessary, we can pursue a lawsuit if the claim was denied and fight for a settlement in your name.

Please call (888) 740-6434 to contact our San Jose workers’ compensation office now if your claim was denied for any reason.

When to Appeal a Workers’ Comp Claim Denial

Don’t assume that a workers’ compensation claim denial means that you can’t get workers’ comp benefits. No matter how straightforward or assertive the denial notification might have sounded, there could be a real chance to appeal the denial and get the benefits that you need. In many cases, denials happen due to a clerical error, like a simple filing mistake, so correcting the issue could be simpler than you think. It would be a shame to lose the benefits owed to you just because you don’t want to explore your legal options.

At our firm, we believe that anyone who has had their workers’ compensation claim denied can benefit from at least talking to our appellate attorneys. You will never know how much your life could be changed for the better if you take the denial letter at face value. With our legal counsel and representation, you will be ready to file the appeal, attend the appellate hearing, speak with an administrative law judge to prove your argument, and much more.

Why Workers’ Comp Claims are Denied

The start of the workers’ comp appellate process is to understand why your claim was denied. In the denial notification that you received, the reason should be explained clearly. If it is not, then it could constitute bad faith insurance, which is a different legal conflict altogether.

A few common grounds for workers’ compensation claim denials include:

• No applicable workers’ compensation coverage
• No medical treatment was necessary for the injury
• No wages were lost due to the injury or recovery process
• Injury was not reported in time
• Claim was not filed in time
• Claim was filed with errors
• Credible accusations of intentional employee misconduct

Based on the reason for the workers’ comp claim denial, our team can start to build the argument to present during the appeal. If we think that an appeal is not the right course of action, we will let you know. Honesty and transparency are two of our foundational principles at Pacific Workers', The Lawyers for Injured Workers.

Basic Steps to File an Appeal

What does the workers’ compensation claim appellate process look like in California? You don’t need to worry about the details yourself, not when you have our San Jose workers’ comp appeals lawyers acting on your behalf. We are ready to help move your case forward in all circumstances.

Every appellate process is unique, but most will include these basic steps:

• Filing an Adjudication of Claim with the local Department of Workers’ Compensation office.
• Requesting a hearing before the WCAB.
• Attending a mandatory settlement conference (MSC) to see if the issue can be solved through a settlement that doesn’t require a trial.
• Preparing for trial if a settlement or the initial appellate hearing is not successful.
• Attending the trial, presenting evidence and arguments, and awaiting the judge’s decision within 30 to 90 days.
• Filing a petition for reconsideration if the judge’s decision was lawfully erroneous.

Call to Arrange a Free Consultation

Pacific Workers', The Lawyers for Injured Workers is here to help you make the most of your workers’ compensation appeal in San Jose. No matter what industry you work in or how you were injured at work, we can help you. Our experience and resources are extensive enough to handle any case with confidence, so put yours in trusted hands today.

For a FREE consultation, just dial (888) 740-6434.