Many workers have suffered from injuries, illnesses or accidents as a result of their employment. Sustaining an injury can create massive difficulties for any person, and if you are injured at work, it is important to know your rights. In the state of California, workers who have sustained such injuries or accidents while at work or who have suffered from work related illnesses are entitled to receive compensation under the current legislation.
Workers’ compensation claims, however, are often either denied altogether or the amount of pay out that the employer or the employer’s insurance company offer or agree to end up significantly lower than the actual amount the employee is entitled to. Such a development is undesirable for each worker who has suffered health-wise as a result of their employment.
Workers’ compensation attorneys Los Angeles, are here to assist you in making your claim and making sure you get the full amount of compensation and benefits that you are entitled to. Our firm has experience in workers compensation and with us, you will receive professional attitude and attention to detail, as well as a personalized approach to your claim.
For your convenience and for the purposes of serving as general guidance, we have provided below some general information concerning what to do if you sustain an injury while at work, if there has been a work-related accident or a work-related illness.
What is workers’ compensation?
The term refers to the compensations and benefits to which employees are entitled in the event of any job-related injury, accident or illness sustained by the employee. In the State of California, the governing system and the necessary procedures are laid out in the Labor Code of California.
What should I do if I’m injured at work?
It is important to know the steps you need to take when you have sustained an injury while at work. Your health and safety must be your number one priority always. You need to make sure that you do everything possible to reduce the damage, including immediately seeking medical attention. This is important both for your health and for the strength of your potential workers’ compensation claim.
These are some of the main steps you must take if possible after the occurrence of a work-related accident or injury:
· Make your employer aware of your injury immediately – any delay in taking this step may result in serious consequences such as you not being able to receive the needed medical attention right away, and ultimately hurting your worker’s compensation claim, or even preventing you from getting any workers’ compensation benefits. Under the law of the State of California, you must report your injury to your employer within 30 days of when you were injured. Doing so as soon as possible will protect your future claim as well as allow your employer to assist you in the relevant situation (when there is immediate injury). In the event of illness suffered due to work, the 30-day period will be considered to be kept if you have notified your employer within 30 days of the date when you became aware that your illness was related to your job.
· Seek immediate medical attention – when you have sustained an injury, you need to seek the relevant professional attention. You should not postpone because the injury may seem small at the time, nor attempt to continue working. If the injury is serious, insist to be taken to an emergency room or go there yourself if there is nobody to take you, if possible. If possible, notify your employer right away (as mentioned above, this is important), as your employer may wish to refer you to a particular doctor as per your workers’ compensation plans. Be aware that if you do not agree with the diagnosis that one doctor has given you, it is within your rights to require a second opinion.
· File a formal workers’ compensation claim – the claim form (Form DWC-1) should be provided by your employer, but you can nevertheless download it from the Department of Industrial Relations.
· The claim needs to be filed by your employer to their workers’ compensation company – and you may request a copy of the filed form.
· Keep records – keep all documents (or copies), including your injury report and formal claim. Write down all relevant information, including dates, times, and witnesses in respect of the relevant accident/injury.
· Consult with an experienced workers comp attorney – Workers compensation claims can be complicated and complex. Employers and their insurance companies commonly try to reduce your benefits or deny your claim completely. There are also instances where they approve your claim, but fail to provide you with the proper medical treatment that you need. An experienced workers compensation attorney can help manage your claim, obtain the full benefits that you are entitled to, and negotiate with the employer’s insurance company on your behalf. For a free, no obligation consultation with Workers Compensation Attorneys Los Angeles, Call us Now at (310) 988-0818.
In case of work-related death of a loved one, the same principles apply.
When will my claim qualify for workers’ compensation?
As mentioned above, any sustained injury, accident or illness by the employee as a result of their employment has the possibility to qualify for workers’ compensation. The list includes, but is not limited to, the following:
As mentioned above, the list is non-exhaustive as the possibilities are seemingly endless and dependent on many factors. The type of claim that may be compensable and which may fulfill the requirements for workers’ compensation is largely dependent on your line of work and your particular role. This is why there is no “one size fits all” advice and it is important to contact a professional attorney with possession of the relevant knowledge and expertise in the area.
I have pre-existing medical conditions – does this mean that I cannot obtain workers’ compensation?
No. Pre-existing conditions do not stop you from obtaining compensation from your employer where you have sustained a work-related injury or accident, or are suffering from a work-related illness.
Who pays out workers’ compensation?
Legally, every business in the state of California must obtain workers’ compensation insurance. Therefore, if your employer has insurance, the relevant insurance company shall cover the workers’ compensation claims.
What happens if my employer is not insured?
If you satisfy the relevant criteria for obtaining workers’ compensation, you are still entitled to receive workers’ compensation benefits from the state of California. You may also bring a civil suit against your employer.
You have sustained an injury at work – what kind of compensation may you be entitled to?
For your convenience, we have listed below types of compensation that you may be eligible for if you have sustained such an injury. Choosing our firm to help guide you through the process will allow you to benefit from our legal knowledge and experience in order to get what you deserve from your employer:
Do I have to sue my employer?
Workers’ compensation claims do not represent lawsuits against the employer, so you will not effectively be suing them. Rather, such claims resemble insurance claims.
What benefits would I get from having an attorney if I do not need to sue?
The complexity of the law under the Labor Code of California need to be explained by an experienced professional in the field, who can see all the nuances and particularities of the case and who can correctly identify the relevant actions necessary, and this is where Workers’ Compensation Attorneys Los Angeles come in handy, because we know the law of the relevant jurisdiction and are able to correctly apply it.
Contacting Workers Compensation Attorneys Los Angeles with your claim shall allow us to correctly advise you on the strength of your claim, on whether it would qualify for workers’ compensation and what type. We are able to provide advice on what to expect in terms of payment, strategize on further actions that need to be taken and ultimately get you the compensation that you deserve.
Our firm is a contingency fee-based practice which means that clients pay no attorneys’ fees unless and until we recover for you. No recovery, No Fee. We even offer a free, no obligation, case evaluation and consultation
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