Workers’ Compensation Appeals in Oakland
Helping Injured Workers Appeal Their Workers’ Comp Decision
Unfortunately, a large percentage of workers’ compensation claims are denied the first time around. However, that doesn’t mean that you are without options. Injured workers are allowed to file an appeal if they disagree with the decision on their claim. During the appeals process you will be given the opportunity to present your case before the California Workers’ Compensation Appeals Board (WCAB). If your appeal is approved, you will receive the compensation you deserve.
Before you go before the California workers’ comp appeals board, it’s important that you have a strategy for arguing your case. That’s where we can help. Call (888) 740-6434 today to discuss your case in a complimentary consultation.
How to Appeal a Workers’ Compensation Decision
After your initial case has been reviewed by a Workers’ Compensation Judge (WCJ), they will provide a ruling as to whether you can receive workers’ compensation benefits for your injuries. An approved claim means that you will be awarded compensation. A denied claim, however, means that unless you appeal the decision, you will not be awarded any compensation.
What is the Workers’ Comp Appeals Process?
So how do you appeal a workers’ comp denial? In most cases the workers’ comp appeals process will be as follows:
- You will need to file an Application for Adjudication of Claim with the California Division of Workers’ Compensation (DWC) in the county where the injury occurred; these offices are located throughout the state, including in Oakland
- After your complaint has been filed, the DWC office will send you a notice confirming that it was filed and will also provide you with a case number.
- After your application is received, you will need to schedule a Mandatory Settlement Conference (MSC) with the judge in which they will attempt to resolve the situation between you and the other party; this is accomplished by filing a Declaration of Readiness to Proceed at the DWC.
- If the judge is unable to reach a settlement with both parties, they will proceed to scheduling a trial in which both parties will be able to present their case before another judge and call witnesses.
- After your workers’ compensation appeals board hearing, if you or the other party are still unsatisfied with the ruling of that judge, you will have the opportunity to file another appeal known as a “Petition for Reconsideration.”
Appealing a denied workers’ comp claim can be daunting. Luckily, you don’t have to go through the process alone. Call Pacific Workers’ Compensation Law Center today to begin putting together an appeal strategy.
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“I especially want to thank Mr. Jason Insdorf, who worked in attaining a settlement I never expected.”
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The most down to earth team I have ever met!
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Proudly Serving Northern California
What is the Workers’ Compensation Appeals Board?
The California Workers’ Compensation Appeals Board (WCAB) is a seven-member board appointed by the California Governor and confirmed by the Senate. Its primary purposes are as follows:
- To provide guidance to the workers’ compensation community
- To review workers’ compensation appeals
- To regulate the workers’ compensation review process
How Long Do Workers’ Comp Appeals Take?
The entire appeal process will take anywhere from two to four months, depending on the caseload that the Workers’ Compensation Appeals Board is experiencing at the time you file.
What Are My Chances of Winning a Workers’ Comp Appeal?
Your chances of winning your workers’ compensation appeal are much higher if you are represented by a professional workers’ comp attorney. By hiring an attorney to represent you, you can ensure that all of your motions and paperwork are filed on time and that your case will be strongly argued before the workers’ compensation judge and the insurance company.
How To Win a Workers’ Comp Appeal
The best way to win your appeal is to:
- Pay close attention to what documents need to be filed and when the deadlines are
- Be sure to keep careful, detailed records of your injuries and the events surrounding your injury at work
- Hire an appeals attorney who will give your case the time and attention it needs
The team at Pacific Workers’ Compensation Law Center has over 75 years of experience representing injured workers. We provide a team approach that allows us to tackle every aspect of your case (no matter how big or small) with fresh energy and expertise.
If you need help appealing your workers’ comp claim, reach out to our team of workers’ compensation appeals attorneys in Oakland, CA by calling (888) 740-6434. We offer free initial consultations.
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.
