A workplace injury can be excruciatingly unpleasant, perplexing, and emotionally draining. If you or a loved one has been hurt on the job, it is critical that you take the required precautions and consult with a Los Angeles CA workers’ compensation attorney. Workers’ compensation benefits, also known as “workman’s comp,” exist to assist employees injured on the job in healing, recovering, and improving their quality of life. However, the procedure can be complicated and time-consuming. A single mistake can lead to claim denial, treatment denial, or even further misunderstanding.
You might not receive fair treatment from your employer’s insurance provider during a workers’ compensation case. You can come against obstacles like a denied claim, excessively demanding documentation requirements, or delayed payments. Your employer might also make it harder than required for you to get reasonable compensation by delaying filing your claim or declining to verify your account. A Los Angeles workers’ compensation attorney from Conlogue Law LLP can assist you in defending your rights and pursuing justice in these circumstances.
To know more about how our law office can help you fight for your rights and win your case, give us a call immediately. We’ll be waiting!
Why do I need a Workers’ Compensation Lawyer in California?
Being injured in the workplace can result in pricey medical treatment, extensive physical therapy, expensive rehabilitation, and time away from work. Workplace injuries can be serious and even fatal.
The procedure of filing a workers’ compensation claim can be complicated. It might be additionally tough for those who are unfamiliar with the process. That is why you need Conlogue Law LLP, a highly qualified workers’ compensation law firm, to assist you in obtaining the compensation you deserve. If you decide to retain our service, here are just a few of the things we can do for you.
- Answer all your questions, explain the entire process and pursue your best interest
- Make sure you file all the necessary paperwork on time and free of error.
- Ensure you receive all the benefits you are entitled to receive and that those benefits continue for as long as possible
- Handle discussions with insurance companies and the workers’ comp board
- If your claim is denied, we will handle the appeal process of your claim.
- File a lawsuit on your behalf and represent you in court trials if the settlement is not achieved
If you find yourself in a position where you must file a workers’ compensation claim against an employer, you can rely on our Los Angeles workers’ compensation attorney. Reach out to us right away, and we’ll help you in assessing the best legal course of action for your case.
What is Workers’ Compensation?
Workers’ compensation is a benefit that is paid for by the employer and offers financial and medical assistance in the event that an employee sustains an injury or illness as a direct result of their employment. If you are hurt on the job, you are entitled to assistance under the California Workers’ Compensation statute.
In California, as in the rest of the United States, workers’ compensation is the only recourse for a worker seeking reimbursement from an employer for lost income and medical expenditures resulting from a work-related injury or illness. It is a no-fault system, which means that injured employees do not need to prove that the accident was caused by someone else in order to get workers’ compensation benefits for an on-the-job injury.
The Division of Workers’ Compensation (DWC) oversees the administration of workers’ compensation claims and provides administrative and judicial services to aid in the resolution of disputes arising from workers’ compensation claims. In Los Angeles, the Workers’ Compensation Claim Management Unit (WCCMU) manages and oversees a fully self-insured workers’ compensation program that ensures the full supply of benefits under the law to employees injured in the course and scope of employment.
Always remember that you have rights, and a Los Angeles workers’ compensation lawyer can help you fight for them. Following an accident at work, your life may be altered irrevocably. Hence, it is critical that you make a claim for workers’ compensation to receive assistance with your lost wages, medical expenditures, and other bills.
What are the Types of Work-Related Injuries in Los Angeles?
The list of probable workplace injuries for which you may be entitled to compensation payments is extensive. When these types of injuries or illnesses occur, California allows for claims to be made against a company’s insurance policy. Minor damages do not necessitate an attorney or filing of a compensation claim. When medical treatment is required, and your ability to do your job efficiently is jeopardized, you have the right to advocate for yourself with the assistance of a Los Angeles CA workers’ compensation attorney.
Some of the most common workplace injuries in California do not occur as a consequence of extreme circumstances or unexpected incidents, such as fires, falling construction equipment, or getting pricked with an improperly discarded needle in a hospital. Many are caused by repetitive motions at work that impact your back, neck, and body joints. As long as you file within the 30-day time restriction, these forms of stress injuries are covered under the state’s workers’ compensation laws.
Some common types of work-related injuries that are covered by workers’ compensation include:
- Occupational disease and illness/long-term exposure
- Catastrophic or fatal workplace accidents
- Repetitive motion injuries/continuous trauma
- Unsafe work condition injuries
- Head and brain injuries
- Back injuries
Get in touch with the workers’ compensation law firm of Conlogue Law LLP if you or a loved one has suffered from any kind of work-related accident or occupational injury.
What is the Workers’ Compensation Coverage in Los Angeles
Workers’ compensation benefits should cover the majority of your losses and damages if you are injured on the job or if a family member is killed in a work-related accident. The benefit structure in Los Angeles specifies what injured workers are entitled to when they experience an injury arising out of and in the course of employment.
Depending on the nature, date, and degree of your worker’s injury, these are the primary types of workers’ compensation benefits available:
Workers who are injured are entitled to all medical care that is reasonably necessary to cure or alleviate the effects of the injury/illness, with no deductibles or co-payments on their part.
Generally, the employer supervises the medical treatment for the first 30 days following the injury report, after which the employee is free to choose any physician or facility. If, however, the employee has told the employer in writing prior to the accident that they have a personal physician, the employee may be treated by that physician beginning on the date of injury. If the business has formed a state-accredited Medical Provider Network, however, the choice of treating physician varies.
Salary Continuation and Temporary Disability Benefits
Los Angeles employees are eligible for salary continuation benefits in place of state-rate temporary disability benefits. Workers who are unable to return to work after exhausting salary continuation benefits are entitled to temporary disability payments to restore wages lost due to the injury partially. The benefits are normally intended to restore two-thirds of lost wages.
Temporary disability payments are paid every two weeks on the same day as the initial payment until the employee is able to return to work or their condition becomes permanent and immovable.
Permanent Disability Benefits
Permanent disability benefits are available to injured workers who are permanently disabled or those individuals who have a permanent labor market disadvantage. A worker who is determined to have a permanent complete disability receives a weekly benefit for the rest of their life.
A worker who is determined to have a permanent partial impairment receives weekly payments for a period that increases with the amount of disability. Permanent partial disability benefits are also available but are limited to two-thirds of the injured worker’s typical weekly salary. The Permanent Disability Rating Schedule and an assessment of the injured worker’s permanent impairment and limits are used to calculate the percentage of permanent disability.
Vocational Rehabilitation Services (for injuries before Jan. 1, 2004)
Vocational rehabilitation services are available to injured workers who are unable to return to their prior line of work, provided it is reasonably anticipated that they will help them find another suitable job that pays a living wage. This covers the creation of an appropriate plan, the price of any necessary training, and a maintenance payment while taking part in rehabilitation. Vocational rehabilitation is no longer applicable for injuries after January 1, 2004.
When it is determined that an injured worker cannot return to their prior line of work, the employee and employer mutually choose a rehabilitation counselor who will assess if vocational rehabilitation is possible and, if necessary, create an adequate rehabilitation plan. A rehabilitation plan’s objective is to put the wounded worker back in “appropriate gainful employment,” which is defined as work or self-employment that is within their reach and provides them with the opportunity to return to maximal self-sufficiency as soon as is practical.
Supplemental Job Displacement Benefit (for injuries on or after January 01, 2004)
If the worker is injured on or after January 1, 2004, this is a non-transferable voucher for education-related retraining or skill improvement, or both, payable to a state-approved or accredited school. To be eligible for this benefit, the injury must result in permanent disability, the injured employee must not return to work within 60 days of the temporary disability ending, and the employer must not offer modified or alternative work.
The Return-to-Work Supplement Program (RTWSP) in California is a new benefit for permanently injured workers who experience disproportionately large wage losses when compared to their workers’ compensation benefits. Workers who are unable to return to work due to a permanently disabling workplace accident are eligible for a one-time $5,000 payment under the RTWSP.
However, not everyone is eligible. To be eligible for the program, the injured worker must have been wounded on the job on or after January 1, 2013. Furthermore, the worker must already be eligible for Supplemental Job Displacement Benefits for the same injury. The worker must also apply for the RTSWP within the applicable deadline, which is usually one year after obtaining the SJDB voucher by mail.
If a worker is fatally injured on the job, acceptable burial expenses are provided. Furthermore, the worker’s dependents may be eligible for support payments for a period of time. These payments are normally made in the same way and amount to temporary disability benefits. The overall aggregate amount of support payments is determined by the number of dependents and their level of reliance. If there are still dependent children after the basic death benefit has been paid, further benefits are due.
What is a Third-Party Claim?
If someone other than your employer was responsible for causing or aiding in the injuries you sustained, your workers’ compensation case might entail a third-party claim. A third party is an entity that was not a direct participant in the collision but contributed to your injuries. If a property owner, a subcontractor, a manufacturer of the product or equipment, or the City of Los Angeles contributed to the accident, you might be able to file a third-party claim against them.
Workers’ compensation regulations in California prohibit claimants from suing their employers in exchange for no-fault benefits. After accepting a workers’ compensation payout, you cannot sue your employer for causing your injury. However, you may still launch a lawsuit against a party other than your employer.
Identifying a third party as a defendant in a lawsuit may require a Los Angeles, CA, workers’ compensation attorney. Our lawyers at Conlogue Law LLP can assist you in filing a claim against a third party or parties that contributed to your injury. Depending on the circumstances, you may be eligible for financial recovery through both workers’ compensation and a third-party or personal injury lawsuit.
What is the Difference Between Workers’ Compensation vs. Personal Injury Claims?
Workers’ compensation laws in California allow employees to get monetary compensation for costs incurred as a result of occupational injuries. Employees can collect workers’ compensation benefits regardless of culpability if they were injured while doing work-related tasks and did not cause their own injuries by “horseplay” or other similar negligence. Employees can obtain compensation for medical expenses, missed wages, and disability through this system. To be eligible, they do not need to prove that the employer or another party was at fault.
In a personal injury lawsuit, the employee must provide evidence of the defendant’s fault or negligence. The defendant could be your employer, a coworker, or a third party, like a product manufacturer. The courts will only award compensation if the plaintiff can demonstrate that the defendant owed them a duty of care, failed that obligation, and caused the injury. A personal injury claim may be more difficult to bring than a workers’ compensation claim, although the former usually results in more money.
Consider all options carefully and consult with a Los Angeles, CA, workers’ compensation attorney before filing a claim following a workplace injury.
What is the California’s Workers’ Compensation Process
The methods for filing a claim for workers’ compensation and appealing decisions can be difficult to navigate. You will, however, need to follow certain procedures in order to successfully file a claim.
Be sure to carry out the following steps in the event that you sustain a work-related injury or become unwell as a result of your employment:
- Notify Your Employer: It is critical to document your injury in person or in writing as soon as possible. You must notify your employer of your accident or illness within 30 days, according to California law. The 30-day period begins either on the date of the injury or on the day the injury/illness was discovered/reasonably could have been identified.
- File a Claim: Our Los Angeles, CA workers’ compensation attorneys are essential advocates when submitting a claim and will walk you through the procedure to ensure everything is correct. It is important to remember that you only have one year from the date of the accident/date the injury or illness was found or reasonably could have been discovered to register your claim
- Validate your Claim: Allow your insurance company or employer to investigate and verify your claim. During this period, much of the “hard lifting” occurs. If your claim is approved, you will begin receiving financial and medical benefits.
- Obtain Maximum Medical Improvement: Once you have achieved maximum medical improvement, consult with a new doctor. It is critical that you are properly evaluated throughout this step in order to assess current and prospective benefits. Having an advocate on your side is preferable to relying on your employer’s insurance carrier to make this determination.
- Appeal (If Needed): If your claim is refused, you may file an appeal. Allow our lawyers to represent you in front of the Workers’ Compensation Appeals Board. We at Conlogue Law LLP have the knowledge and experience to fight for your rights in court.
Our Los Angeles workers’ compensation attorneys are here to provide answers and information at every level of the process. Our goal is to relieve your stress and advance your claim as quickly as possible through the system, all while fighting for the full benefits you are entitled to.
What are the Common Reasons for Workers’ Comp Denials?
In the city of Los Angeles, a claim for workers’ compensation may be turned down for a number of different reasons. Among these are the following:
- Deadlines are not met. The victim will not be able to get compensation if the statute of limitations has already expired.
- The injury is not work-related. The insurance company or your employer may reject your claim if your injury occurred outside of work or if this is the reason you are not performing work-related activities.
- Alcohol or drug involvement. The employer or insurance provider is likely to reject the injured victim’s claim if they were intoxicated or high at the time of the incident.
- Negligent behavior. A claim may be rejected if the injured party engaged in labor that was outside the scope of their responsibilities or acted carelessly at the time of the accident. This may involve physical altercations, jousting, etc.
- Employer disputes the incident. While the inquiry is continuing, your claim may be delayed or denied if the employer contests how the injury happened.
- Failure to seek medical care. The insurance company or employer may decide to reject a claim if the injury victim refuses to seek medical attention after suffering a work injury or stops the prescribed follow-up care.
Workers’ compensation denial does not mean you will never be entitled to compensation anymore. You can still appeal your case. It is highly recommended that you seek legal representation from a Los Angeles, CA, workers’ compensation lawyer to reevaluate your case and build a strong appeal case.
What is the Los Angeles Workers’ Compensation Claim Time Limit
There are certain deadlines that victims of workplace injuries must be aware of. First, an accident or illness must be reported to the employer within 30 days of the date the injury or illness occurred or was diagnosed by a physician. However, reporting an injury to the employer does not necessarily indicate that a workers’ compensation claim has been submitted.
Officially, California law imposes a one-year statute of limitations on pursuing a claim for a workplace injury. This means that the claim must be submitted within one year of the day the accident or illness occurred or the date the doctor made the diagnosis. Failure to file a claim within this one-year window will likely result in the denial of the workers’ compensation claim.
In the case that your workplace accident was caused by a third party (someone other than your employer or coworker), you may be able to bring a personal injury lawsuit to recover damages. In this instance, California’s two-year statute of limitations for personal injury claims will apply. This means that victims have two years to initiate a claim against the allegedly irresponsible party before they lose their right to compensation.
Allow our Los Angeles, CA, workers’ compensation attorney to walk you through the steps of submitting a timely claim so that your rights are protected at every step of the process.
Call our Los Angeles Workers’ Compensation Attorney Now!
Workers’ compensation is a complex area of law that, despite its complexity, performs an essential function for those who are injured on the job. This state-mandated program protects injured people by providing consistent income while they recuperate and can even pay medical bills and other expenses incurred as a result of the accident. If you believe you may be qualified for workers’ compensation, you must act fast to protect your rights.
Conlogue Law LLP is committed to safeguarding your rights and interest. Speak with us about your circumstances regardless of your occupation, sector of business, or the specifics of your workplace accident. We also offer legal services in civil rights protection and maritime personal injuries. You have nothing to lose and possibly thousands of dollars to gain if you decide to work with us.
Choosing the best lawyer to represent you is essential if you want to receive the full amount of compensation for your injuries. Do not think twice, contact us immediately!