Workers’ Compensation Lawyer San Francisco: Protecting Injured Workers’ Rights

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Appeals Process

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Filing an appeal is the process of challenging a workers’ compensation decision made by an administrative law judge or the Workers’ Compensation Appeals Board (WCAB). There are specific grounds for appealing a decision, such as:

  • The decision was not supported by substantial evidence.
  • The decision was based on an error of law.
  • The decision was procured by fraud or misrepresentation.

The appeals process involves several steps:

  1. Filing a Petition for Reconsideration: The first step is to file a Petition for Reconsideration with the WCAB. This petition must be filed within 20 days of the date the decision was issued.
  2. WCAB Review: The WCAB will review the Petition for Reconsideration and may grant or deny the request for reconsideration. If the request is granted, the WCAB will issue a new decision.
  3. Filing an Appeal with the Court of Appeal: If the WCAB denies the Petition for Reconsideration or if the petitioner is dissatisfied with the new decision, they may file an appeal with the Court of Appeal. This appeal must be filed within 30 days of the date the WCAB’s decision was issued.
  4. Court of Appeal Review: The Court of Appeal will review the appeal and may affirm, reverse, or modify the WCAB’s decision.

Legal representation can be helpful throughout the appeals process. An attorney can help you understand your rights, prepare and file the necessary documents, and represent you at hearings.

Additional Resources for Injured Workers

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Injured workers in San Francisco have access to a wide range of resources to assist them during this challenging time. These resources include support groups, legal aid organizations, and government agencies.

It is crucial for injured workers to seek professional help when dealing with a workplace injury. This can include medical care, legal advice, and counseling. By accessing these resources, injured workers can ensure they receive the support and assistance they need to recover from their injuries and return to work.

Support Groups

Support groups provide a safe and supportive environment for injured workers to connect with others who have experienced similar injuries. These groups offer emotional support, practical advice, and a sense of community.

Legal Aid Organizations

Legal aid organizations provide free or low-cost legal assistance to injured workers. These organizations can help workers understand their rights, file claims, and negotiate with insurance companies.

Government Agencies

Government agencies such as the California Workers’ Compensation Appeals Board (WCAB) and the Division of Workers’ Compensation (DWC) provide information, assistance, and dispute resolution services to injured workers.

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