The laws in California allow most workers to claim workers’ compensation in the event they are injured in a work-related accident or as a result of their job duties. How long you can collect workers’ comp and the payments you can receive are based on your injuries, long-term complications, and how these issues affect your job performance.
Though filing for workers’ compensation sounds simple in theory, many claimants have questions and concerns that come up during the legal process. In order to move forward and ensure the most positive outcome, it’s essential to discuss your case with a worker’s compensation attorney. With that in mind, please contact California Labor Law Employment Group to schedule a free consultation.
Worker’s Compensation Laws
Worker’s compensation is a valuable form of protection, as it allows you to receive medical treatment and stay afloat financially while you are unable to work. The state of California has strong and comprehensive policies that employers must follow. These include providing workers with information on the workers’ compensation system, including who they should contact and how to file a claim. The information can be given out as pamphlets or posted as signs in common areas, like the employee break room or front lobby.
Employers must also provide you with a list of medical facilities and doctors that you can use if you sustain a work accident injury. Please note that your employer cannot ask you to cover the costs related to an injury that is covered by workers’ compensation. In addition, it is illegal for employers to ask that you pay towards any insurance premiums related to a workers’ comp claim.
After a period of recovery, you may return to work, even if you are still healing from the injury. Or, you may come back to work on a part-time basis, which you should only do with your doctor’s permission. In these situations, you have the right to ask for reasonable accommodations, like more flexibility with your work schedule. Another option is to eliminate non-essential tasks or reassign you to another position until you are fully recovered. There are many other accommodations that can help injured workers, but they must be reasonable for the employer, meaning it does not cause them undue hardship.
If you have any questions about your right to workers’ compensation, don’t hesitate to give us a call. We are here to help, 24/7, whether you need help filing a claim or just found out that your claim was rejected by the insurance company.
Common Work Accidents and Injuries
Some jobs come with a higher degree of risk than others when it comes to injuries, though anyone can be harmed in some form or another, no matter what you do for a living. However, it is indisputable that serious, debilitating injuries are more likely to happen on a construction site versus an office. Those working high off the ground, like roofers, can also end up with disability and other catastrophic injuries. If you work in a restaurant, there’s a good chance that you will end up with slip and fall or burn injuries at some point in your career.
Another type of injury that’s often forgotten about concerns repetitive / cumulative use. You often see this type of injury among office workers who are typing for many hours a day and eventually end up with carpel tunnel. Alternatively, factory workers on an assembly line are on their feet for long periods of time, and this can cause them to develop varicose veins.
No matter what kind of environment you work in, there is no limit to the type of injury you can sustain. Common workplace injuries among California employees include:
- Broken bones
- Ligament and muscle tears
- Concussion and other head trauma
- Ankle or wrist sprain
- Joint dislocation
- Slipped or herniated disc
- Tennis elbow
- ACL / MCL tear in the knees
- Complications from chemical exposure
- First to third degree burns
- Nerve damage
- Chronic pain
What to Do After a Workplace Injury
From the moment you are injured on the job, make sure to contact your employer and let them know about the accident or diagnosis (for cumulative use injuries). Please note all injuries must be reported to the employer within 30 days per California law. This way, your employer can immediately authorize medical expenses for the initial treatments and initiate a claim with their insurance provider.
Unless you request a specific doctor ahead of time for workers’ comp cases, you must go to the healthcare provider chosen by your employer. This doctor will examine you to determine the exact injury and your disability rating. This information must be given to your employer before a claim can be processed.
Once your WC claim is submitted to the insurance company, you should receive an acceptance or denial within a matter of weeks. As long as there are no major complications, many workers start getting paid for lost wages in as little as 2 to 3 weeks.
If your claim is denied by the insurance company, contact us immediately to speak with a Los Angeles workers’ compensation lawyer. That way, we can conduct a thorough investigation and ensure that you are not being cheated out of the compensation you deserve by law.
Benefits for Injured Workers
If you are approved for workers’ compensation after an accident at work, here are the types of payments you may be entitled to:
- Temporary disability payments, which is normally two-thirds of your gross wages
- Permanent disability if your injury means you are unable to work on a permanent basis
- Medical expenses for all treatments and services related to your injuries and related complications
- Supplemental job benefits if you need retraining to find a new line of work
- Death benefits for the worker’s dependents if the claimant passes away from a work accident or job-related injury
Based on the circumstances of your accident, you can pursue a third party claim, meaning you are suing an individual or entity other than your employer. For example, you are a FedEx delivery driver who was injured by a falling object due to negligence by the owners of an apartment building. In this scenario, you may have grounds to file a personal injury lawsuit against the building owners, even though you are eligible for workers’ comp.
Contact Our Team of Workers’ Compensation Lawyers
Legal advice is the best way to protect your interests when you are seeking payment from a workers’ compensation claim. Otherwise, it’s easy for employees to give up when their claim is rejected, or settle for reduced compensation because they automatically assume that the insurance company is correct.
Our lawyers are committed to protecting your interests and ensuring that you are properly compensated if you were injured during the course of your job duties. We also protect your finances by taking your case on contingency, meaning you do not pay us until the case is resolved in your favor. If you don’t get paid from a successful claim or lawsuit, you owe us $0 in legal fees, thanks to the Zero Fee Guarantee.
We are ready to provide you with a free case evaluation, so please give us a call at your earliest convenience.
