Workers’ Compensation Lawyers in Los Angeles
Informing Injured Workers of Their Rights and Options
Injuries from falls, malfunctioning equipment, and unsafe working conditions are all too common, and when you’re the victim, it can take a significant toll on your finances and health. A workplace injury could mean you’re unable to fulfill your regular duties while also facing costs related to medical treatment. Workers’ compensation benefits, commonly referred to as workers’ comp, are designed to bridge this gap, replacing some of your salary and covering your medical bills. However, it’s not uncommon for an employer or the insurance company to attempt to deny your workers’ compensation claim by trying to blame you for the injury or accusing you of filing a claim for non-work-related injuries.
If you have questions about how the workers’ compensation system functions or have had a claim denied, talking with an attorney can help you better understand your options and ensure you have the legal representation you need. Contact The AP Law Firm, LLP, at 213-354-8784 to schedule a free consultation with an experienced workers’ compensation attorney today.
What Types of Injuries Are Covered by Workers’ Compensation?
The workers’ compensation system generally covers any injuries that happen at the workplace or during work-related duties. Many people only think of serious injuries from construction sites or manufacturing jobs when they think of workers’ comp. While these injuries can and do happen, workers’ comp benefits are also applicable to strains or slips and falls in a typical office environment. Just a few of the potential workplace injuries that workers’ compensation could cover include:
- Catastrophic injuries, such as a spinal or brain injury
- Broken bones
- Sprains and strains
- Burns
- Lacerations
- Crush injuries, including internal injuries
- Psychological injuries, such as post-traumatic stress disorder or work-related anxiety
An injured employee may also be eligible for benefits if they have a repetitive stress injury, such as carpal tunnel syndrome, or were exposed to toxic substances or environments. It’s also possible for workers’ compensation to provide benefits in the event of a wrongful death case.
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What Is the Difference Between a California Workers’ Compensation Claim and a Personal Injury Case?
Many people mistakenly believe that a personal injury claim and a workers’ compensation claim are the same, but there are some key differences to be aware of. First, a workers’ compensation case doesn’t require anyone to prove fault, while personal injury law hinges on the plaintiff proving the defendant’s liability.
The second significant difference between workers’ comp and personal injury claims is what you can get compensation for. Workers’ compensation provides a portion of your salary and pays for any related medical treatment. Personal injury claims expand on this to include the possibility of compensation for pain and suffering. While this could potentially lead to a larger settlement, there is also a more substantial burden of proof and the possibility of a verdict in favor of the defendant, leaving the plaintiff with nothing.
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What Benefits Does Workers’ Compensation Provide?
The financial benefits of the workers’ compensation program aren’t limited to just salary reimbursements. An injured employee can receive the following types of benefits through a workers’ comp claim.
- Temporary disability: This portion of the workers’ compensation program helps workers recover part of their lost wages while healing from their injuries. Temporary disability payments generally cover two-thirds of the person’s normal wages.
- Permanent disability: Permanent disability applies when someone’s injury results in a permanent impairment. How much an employee is eligible for under permanent disability varies and is dependent on several factors, including how old they were when the injury occurred, the extent of the injury, and the person’s diminished earning capacity.
- Medical treatment: When you are injured at work, workers’ compensation generally covers any medical treatment that is necessary to treat the condition or relieve its effects. This can include anything from the initial doctor’s visit or hospitalization to surgery and physical therapy. Workers’ comp also covers any labs or tests, such as X-rays, that are medically necessary and any prescriptions, including pain relievers.
Understanding how all of these benefits apply can be overwhelming when you’re already dealing with an injury. A workers’ compensation lawyer can explain each benefit, help you determine whether you’re eligible, and represent your interests throughout the process.
What Can You Do If an Employer Denies Your Claim?
While employers are required to carry workers’ compensation insurance in the state of California, there are times when the employer or insurance company may attempt to deny your claim. The claims administrator is responsible for determining if your claim falls under workers’ compensation law and should be covered. If the claims administrator issues a claim denial after a workplace accident, you have the right to challenge that decision.
If your claim is denied, an attorney can help you file an Application for Adjudication of Claim with the Division of Workers’ Compensation. Depending on the reason or the denial, you can present additional evidence to show that your injury happened at work and should be covered through workers’ comp insurance.
What Steps Should You Take After You’ve Been Injured at Work?
What happens immediately after an injury at work can mean the difference between having your claim denied or approved, so it’s essential to take prompt action.
- Document the Process: While you’re waiting, continue to follow all medical advice and document your condition and symptoms, including how it’s affecting your daily life and ability to work.
- Report the Incident to Your Employer: If the injury isn’t severe, report it to your employer as soon as possible to document the injury. This can also ensure you understand where you need to go for medical treatment. If your injury requires immediate medical care, make your employer aware of the incident as soon as you are stable.
- File a Workers’ Compensation Claim: Once you have received medical care, you can file a workers’ compensation claim to get the process started. Fill the claim form out as completely and accurately as possible, and make sure to keep a copy for your own records.
- Talk With an Attorney: An attorney can help you respond to any additional requests for information and ensure that your employer and the insurance company are doing what’s required of them.
How Can a Los Angeles Workers’ Compensation Attorney Help?
Even if your workers’ comp claim seems relatively straightforward, it’s always essential to have an attorney representing your interests when you’re dealing with insurance companies. California workers’ compensation lawyers can ensure you understand your rights and advocate for your interests at every step. Working with an attorney can ensure you know what benefits you are eligible for to get the maximum compensation, and they can handle any disputes with your employer or the insurance company that may arise.
Your employer has attorneys representing their interests, and you should, too. If you’ve been injured at work and aren’t sure whether you are eligible for workers’ compensation or what your next steps should be, call The AP Law Firm, LLP, at 213-354-8784. Our Los Angeles based attorneys are here to help workers in Southern California get the help they need to access their benefits and be able to focus on recovery from their injuries.
