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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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
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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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.
