Speaking to a worker’s compensation attorney in Los Angeles should be done if you’re injured at work or become sick from working on the job. Doing so will help you go through the claims process and provide you with the legal support needed in case of a denial.
Using the Services of a Workers Compensation Attorney in Los Angeles
If you lived in a perfect world, any claim you filed would go smoothly. However, the real world is different, as filing a claim is not always easy. That’s because workers’ compensation claims are overseen by insurers – companies whose goal is to settle a claim for a lower amount than what a claimant may ultimately need.
How Things Can Go Awry When Filing a Claim
While you can receive your benefits more easily for workers’ comp than through other types of claims, you still may not receive adequate compensation. For example, some insurers want you to provide a large amount of proof before they release benefits. or they may simply deny your claim.
In some instances, employers can keep you from receiving the money you need to pay for your medical expenses and rehab. In these cases, the employer may stall the claim or may not cooperate in filing the documentation.
When you speak to a worker’s compensation attorney in Los Angeles, you can get the guidance you need to overcome any unforeseen resistance so you can get the money you need. A legal advocate who specializes in workman’s comp will help you understand how claims work or provide assistance for a third-party injury claim to increase the settlement you receive.
Third-Party Lawsuits
In some cases, you may be able to file a personal injury claim if a vendor or third party was responsible for your injuries. While you cannot sue your employer, you can use a third party that acted with negligence and caused you to get hurt.
When You Can Sue an Employer in California
You can only sue your employer in certain rare cases in California. If your injury resulted from the following, you can legally sue an employer.
- Your employer intentionally and physically assaulted you.
- Your employer fraudulently hid a hazard in the workplace that led to your injuries.
- You were injured in a case referred to as dual capacity. Your employer’s product harmed you, causing injuries, while you were not working or assuming the role of an employee.
- You were injured from the incorrect set-up of a power press machine.
- Your employer did not have workers’ compensation insurance when you were hurt or got sick from working.
Types of Workers Compensation Benefits
A workers compensation attorney in Los Angeles will handle the following categories of workers’ comp benefits, such as:
- Medical and hospital benefits
- Lost wages
- Temporary disability benefits
- Permanent disability benefits
- Supplemental benefits
- Death benefits
Types of Workplace Injuries
A lawyer who handles workers’ compensation claims has an in-depth understanding of what is involved in the claims process. Some of the injuries that occur on the job may include the following:
- Back injuries
- Broken bones and fractures
- Amputations
- Head injuries
- Chemical or fire-related burns
- Illnesses resulting from toxic substances
- Wrongful death injuries
- Internal bleeding
- Paralysis
- Disfigurement and scarring
- Road rash (a skin lesion that results from friction with pavement or the road)
- Repetitive motion injuries (including carpal tunnel syndrome)
- Spinal cord injuries
- Whiplash
- Traumatic brain injuries (TBI)
Common Workplace Reasons for Job-Related Injuries
The above injuries commonly occur from the following workplace incidents:
- Machinery accidents
- Explosions and fires
- Electrocution
- Exposure to environmental toxins and pollutants
- Overexertion
- Slips, trips, and falls
- Getting hit by a falling object
- Transportation mishaps
- Workplace violence
Timelines for Filing Claims
If you live and work in California, you only have 30 days to report your work-related injury or sickness to receive workers’ compensation. You must give this information to your employer within that time frame. In turn, your employer must give these details to the insurance company within the same period. You have one year after that to file a workers’ compensation claim.
If you also plan to file a personal injury claim, you have two years in which to do so. However, if your claim is filed against a governmental entity, you only have a 6-month deadline. Therefore, it’s important to discuss your case with a workers’ comp lawyer to ensure you do everything right.
Reporting Your Injury or Sickness
You need to notify your employer as soon as you’re injured or realize that your injury or illness is work-related. Unless you experience a medical emergency, you should tell your employer before seeking medical care and help.
That’s because your employer may have to give you the name of a physician that is part of the employer’s medical provider network. If you don’t report your injury within 30 days, you may waive your right to benefits.
Once you obtain medical treatment, fill out the Division of Workers Compensation (DWC) Form 1, so your employer can provide the form to his or her insurer. You also need to fill out an Application for Adjudication of Claim within a year of your illness or injury. This makes the filing of your claim official.
Common Workplace Accidents in California
Most of the claims made for workers’ compensation in California have to do with falls, lifting and moving objects, or crashing a car or truck.
Collecting Workers’ Comp Benefits in California
Workers’ compensation insurance in California covers all the medical costs related to your injury, as long as the insurance company authorizes the expenses. You can also receive temporary disability benefits if you’re unable to work for a certain period.
In California, temporary disability pays two-thirds of the average wage you receive weekly up to a weekly maximum of $1,539.71 (in 2022). Anyone who has a workman’s compensation-covered injury will receive his or her payment in 14 days.
Know Your Rights – Contact a Workers Compensation Attorney LA Now
If you have been hurt or are suffering an occupational illness, consult with a workman’s compensation attorney in Los Angeles right away. It’s easy to do. Simply contact Workers Compensation Attorney LA at (213) 214-2969 now.
