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 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 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.”
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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.”
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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
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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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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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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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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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 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.
