Tracy Workers’ Compensation Appeals Attorney
Appealing a Denied Workers’ Compensation Claim
Every year, millions of Americans are injured at work—but many of these individuals are denied workers’ compensation benefits. If you have filed for workers’ compensation and your claim has been denied, you have the right to appeal.
We strongly recommend that you work with an experienced workers’ compensation attorney if you wish to appeal a denied workers’ comp claim. The process of appealing is a complicated one; an attorney can help ensure that you do not make any mistakes that could jeopardize your claim.
At Pacific Workers', The Lawyers for Injured Workers, we have more than 130 years of combined legal experience. What’s more, we devote a significant portion of our practice exclusively to California workers’ compensation law. This dedicated focus has granted us the in-depth knowledge, skill, and resources necessary to effectively handle all types of workers’ compensation-related matters, including appeals. Our team is widely recognized as an authority in the area of workers’ compensation law, with more than $125 million recovered on behalf of our clients.
Contact our Tracy office today at to speak to one of our workers’ compensation appeals attorneys about your denied claim.
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.
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Your team was great to work with!
“You took nothing and made it out of something. I felt like I mattered! Everyone was very professional and caring.”
Heather Flores Bakersfield, CA -
“¡Farber hizo que fuera muy fácil y sin estrés para mí! Ellos hicieron todo el trabajo duro y me hicieron sentir tranquila en la situación que estaba atravesando. Nunca habría esperado que el resultado fuera tan bueno. Me mantuvieron al día de todo lo que pasaba en mi caso. Todos los abogados con los que traté eran tranquilizadores y positivos. Recomendaría a Farber a cualquier empleado que necesite ayuda con su compensación de trabajadores.”
Janette D. -
Pacific Workers' Comp is one of the best places to get help from when you need help with an injury from work!
“Iana and Sergio are very helpful, and Pacific Workers' Comp is one of the best places to get help from when you need help with an injury from work they have been helping me out through my trying time and doing a damn good job with dealing with stuff that I can't handle and I really appreciate all their help if you ever need help with an injury at work this is the place to go.”
Lamar B. Santa Clara, CA -
Bilal is very professional, caring and committed to his clients!
“My lawyer Bilal took the time out on a late Friday afternoon to meet with me and answer some questions that I had. Who stays late and meets with you on a Friday afternoon? Very few do, Bilal does. It speaks to his professionalism, caring, and commitment to his clients. Which creates a culture value at PWC. This is only one example of my experience with them, there are many more just like this.”
Guy H. Novato, CA -
PWC has provided me with exceptional care!
“My experience with them has been exceptional. They are caring, devoted and professional. They had turned a stressful situation into one that does not cause anxiety.”
Jaaziel B. -
The attorneys and employees at PWC are angels!
“Thank goodness for my team of lawyers and assistants that always take the time to listen to my concerns, answer my questions, and act on my behalf when my company does nothing!! Someone else said it, and I second that the people at PWC are angels!! At least I feel that someone is on MY side now!”
Heikelyn J. -
I was lucky enough to obtain the services of Pacific Workers' Compensation Law Center!
“I was lucky enough to obtain the services of Pacific Workers' Compensation Law Center. They worked tirelessly to receive the best care, and finally a C&R settlement from SCIF for me. Without them, I would have been just another injured worker without medical treatment.”
Martha M. -
For anyone out there looking for a 'Worker's Comp attorney,' look no further!
“For anyone out there looking for a 'Worker's Comp attorney,' look no further. Robert Davis is the man you want on the case. Robert truly cares for his clients; he will help you through the tough times, with a no-nonsense approach to your situation. Robert is a good man that never leaves any doubt in your mind and always makes you feel like he is the best man for the job.”
Francisco P. Hayward, CA -
Exceptional Customer Service
“I would recommend Pacific Workers' Compensation Law Center to my family and friends. I was so blessed to talk with AlMarie in March 2018 after receiving horrible service from another attorney's office. AlMarie took the time to talk to me and give me the information that I needed. Lauren and Alex are super great, and I feel I made a good decision for the law center to represent me. I received my packet with great information, resources, and how to communicate and contact the team who will be assisting me and working on my case.”
T. Davis Addison San Leandro, CA -
Jason exuded complete confidence in my case & really understood what I went through!
“My attorney Jason Insdorf exuded complete confidence in my case and made me feel like he really understood what I've been through (didn't hurt to read about his extensive credentials and expertise specific to my case). Karla Ortega made me feel at ease, listening intently when I explained details dating back 12+ years. Also, I was very impressed by the compassion, communication, and overall professionalism.”
Matthew U. Modesto, CA -
Pacific Workers' Compensation helped me get the justice I deserved!
“It was my first injury at a job and I did not know what to do. I did not know if my rights as an employee were being met. So, I was able to call to ask Pacific Workers' Compensation about my injury that occurred and what were my rights as an employee. They were able to help me get justice.”
Victoria M. Santa Cruz, CA -
After Pacific Worker's Compensation started handling my case, I started getting the respect of an injured worker and not just a number.
“My caseworker is amazing. She is quick to respond to my messages and concerns. Before contacting Pacific Worker's Compensation, I was getting the run around with my doctors and worker's compensation insurance for my employer. After Pacific Worker's Compensation started handling my case, I started getting the respect of an injured worker and not just a number.”
Brandy L. Fairfield, CA -
Bilal is always kind, professional, compassionate and explains everything thoroughly!
“Bilal Kassem is the nicest attorney a person dealing with a workers compensation mess can ask for. Always kind, professional, compassionate, and explains everything clearly.”
Emi B. Vallejo, CA -
They were a headache & stress rellief!
“Kiki was such a help. She works with Robert Davis. After dealing with the ins Co and there run around, blood pressure tossing, I turned my case one to PWC. No more headaches, no stressing, just relief. Thank you, Kiki and Robert & Pacific Workers Compensation.”
Debra McLaughlin Benicia, CA
Proudly Serving Northern California
Why Appeal a Denied Workers’ Compensation Claim?
Although it may seem easier to start over—or hopeless to fight back—when your workers’ compensation claim is denied, there are numerous reasons to appeal. According to data from Lockton, the world’s largest independent insurance brokerage, almost 70% of denied workers’ compensation claims are ultimately paid within the year. Even more surprising, the same data found that converted claims (those initially denied and ultimately paid) awarded approximately 55% higher payouts than the initial amount claimed.
Appealing a denied workers’ compensation claim isn’t just your right; it is also an opportunity to recover the benefits you rightfully deserve, and the overall likelihood of success is relatively high. However, there are no guarantees, and your chance of a successful appeal depends on numerous factors. One of these factors is the legal representation you choose.
Having the right attorneys by your side during the appeals process can make a significant difference in the outcome of your claim. You want a team that has extensive experience handling workers’ compensation claims and appeals, a team that has the resources and know-how to effectively build your case and protect your rights. At Pacific Workers', The Lawyers for Injured Workers, we have successfully helped countless clients navigate the workers’ compensation appeals process, from the initial filing stage to appearing at mandatory hearings and other related proceedings. When you choose our firm to assist you with your denied claim appeal, you can trust that we will do everything possible to recover the benefits you are owed. Our Tracy workers’ compensation appeals attorneys will be there for you every step of the way.
Common Reasons Workers’ Compensation Claims Are Denied
It is important to understand why your claim may have been denied, as this can impact your ability to appeal, as well as the appeals process.
Some of the most common reasons that workers’ compensation claims are denied include:
- Disputes over coverage/eligibility
- Accusations of employee negligence or misconduct
- Lack of medical treatment
- Lack of time off due to an injury or illness
- Failure to report the injury
- Failure to meet applicable deadlines
- Mistakes or lack of adequate information on the initial claim
- Administrative errors
Our attorneys can sit down with you to discuss your case and review your initial claim to determine why it was denied. We can then advise you as to the best course of action, including whether we believe you have grounds to appeal. There is no cost and no risk in talking to a member of our team today about your legal rights and options.
How to Appeal a Denied Workers’ Comp Claim in California
There are several steps involved in appealing a denied workers’ compensation claim in California. Here, we have provided a brief overview of the workers’ comp appeals process, but keep in mind that the exact steps you may need to take could differ depending on your unique situation. We recommend that you use this overview as a guide of what to expect and, for more detailed information regarding your circumstances, reach out to our Tracy workers’ compensation appeals lawyers for a free consultation.
The steps involved in appealing a denied workers’ compensation claim in California include:
- File an Adjudication of Claim: This application is a part of your official workers’ compensation claim and provides your case with a number. You must file your Application for the Adjudication of Claim at the Department of Workers’ Compensation (DWC) office in the county where you live or were injured (if different).
- Request a Hearing: Once your Application for Adjudication of Claim has been received, and you have been given a case number, you can request a hearing before a Workers’ Compensation Appeals Board (WCAB) judge by filing a Declaration of Readiness to Proceed. Once you have filed this form, you may be schedule for a mandatory settlement conference (MSC).
- Attend the Pre-Trial Conference: The MSC serves as a pre-trial hearing with the intended purpose or resolving the issue without having to proceed to trial. At the conference, you, your case administrator, and both your legal representatives will provide evidence in support of your respective claims to the judge. The judge will attempt to resolve the dispute through settlement.
- Prepare for Trial: If your workers’ compensation dispute cannot be resolved at the pre-trial hearing, you and your legal representation will need to prepare for trial. This typically involves putting together various documents, gathering evidence, and assisting witnesses in preparing to provide testimony.
- Attend the Trial: Your presence is required at the trial, which will be held before a different judge than the one who presided over the pre-trial conference. Once both parties have presented their sides, the judge will decide on the case and provide a written decision by mail within 30 to 90 days.
- File a Petition for Reconsideration: If you disagree with the judge’s decision, you may request a reconsideration. To do so, you will need to file a petition within 20 – 25 days of receiving the judge’s written decision. You are only allowed to request a reconsideration in certain circumstances; an attorney can help you determine if you have grounds to take this step.
Appealing a denied workers’ compensation claim in California is a complex and time-consuming process. It is extremely important that you work with a skilled legal team that knows how the system works and can protect your rights every step of the way.
Schedule a Complimentary Consultation
At Pacific Workers', The Lawyers for Injured Workers, our Tracy workers’ compensation appeals attorneys are here to fight for you and your rights. We are dedicated almost exclusively to the practice of workers’ compensation law, allowing us to devote all of our time, efforts, and resources to helping injured employees recover the fair benefits they are owed. We are well-versed in the appeals process and know how to protect your best interests every step of the way.
With over 250 four- and five-star reviews from our clients, we are the people’s choice for workers’ compensation representation in Northern California. Learn how our award-winning firm can assist you with your claim today.
Contact us online or call us at to get started with a no-cost, no-obligation consultation.
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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Are Independent Contractors Eligible for Workers’ Compensation Benefits?
Independent contractors are generally not eligible for workers' compensation benefits because they are not considered employees under California law. However, some employers may misclassify employees as independent contractors. If you believe you are misclassified, consult with a legal professional to assess your situation.
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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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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 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.
