Work-related injuries are a very common occurrence in any workplace. Even in jobs that are not physically demanding, some accidents are inevitable. Things like a fall from a ladder, a simple slip and fall, illness, a fight at work, and even overworking, among many other possible situations, can cause injuries to employees. That is why there is a system in place in the United States that provides monetary benefits for those injured on the job, known as the “workers’ compensation system. Depending on the nature of their injury, those affected may receive benefits such as wage replacement, medical treatment, and vocational rehabilitation, among others.
Each state has different laws regarding workers’ compensation, so aspects such as the amount of benefits the worker will receive, the time he has to file the claim, the duration of the benefits, among other details, often vary.
Workers compensation attorney los angeles is a “no-fault” system that benefits both the employee and the employer. On the one hand, the employee will receive a monetary settlement that will allow them to deal with their injury, regardless of whether it was their fault in the first place, as long as it occurred during a work activity. In return, employers don’t have to worry about civil lawsuits from workers who have been injured on the job, because if they accept workers’ compensation benefits, they are giving up the ability to sue their employers.
How does workers compensation work?
Essentially, the workers’ compensation process is relatively simple. If you are injured on the job, the first thing you should do is get medical attention immediately. Sometimes you may need to go to a specific doctor, depending on the company’s workers’ compensation policies. Then, you should notify your employer about the situation. Be sure to do so before the statutory deadline. Your employer will give you a workers’ compensation claim, which you will need to fill out detailing your injury. Finally, it is your employer’s responsibility to file the claim with the insurance company. They will then notify you if your claim is accepted, and how much money you will receive.
When Do I need a lawyer?
Sometimes it will be more complicated to get the benefits you are legally entitled to. You should contact an attorney if:
- Your workers comp claim is denied: There are many reasons why your workers’ compensation claim may be denied. The insurance company may argue that your injury did not occur on the job, that you filed the claim too late, that the medical report does not match your description of the facts, or even deny your claim hoping that you cannot appeal the decision. The latter is often true because of the complexity of the paperwork required to file appeals and other legalities.
- You have a preexisting condition: If you injured a part of your body where you already had some kind of illness, it will be more difficult to claim that the injury occurred at work and not because of that previous condition. A lawyer will have the knowledge necessary to help you in these types of situations.
- The settlement you were offered is not good enough: Insurance companies are businesses, so they will try to save as much money as possible. That means that sometimes they may underestimate the seriousness of your injury, and end up offering you a monetary settlement that is not enough to cover your lost wages and medical treatment.
- Your employer is being a problem: Although the workers’ compensation process also benefits your employer, certain problems may arise that make it difficult for you to get the benefits you deserve. For example, your employer may deny that the injury occurred on the job, or may seek to get back at you for filing the claim. In either case, a lawyer will use legal resources to help you deal with it.
- Your ability to work has been affected: If your injury has left you with some form of disability, you may qualify for disability benefits on a temporary or permanent basis. You may even be able to receive vocational rehabilitation, or your employer may offer you a job in a different field. Either way, this often makes the process very complicated, and it is best to proceed with an attorney.
Our workers’ compensation attorneys work on a “contingency fee” basis. That means that, if you decide to work with our workers’ compensation attorney, you will not have to pay out of pocket to do so. You will pay the attorney a percentage of the compensation you receive, and if you do not receive it, you will not have to pay a cent. The percentage varies from 9% to 15% of the monetary settlement, depending on the complexity of the case.
Talk to an attorney, consultations are free!
If it has been difficult to get the compensation you deserve, or if you have any questions regarding the process, the best thing to do is talk to a workers’ compensation attorney. Consultations are free, and you will get valuable information to help you deal with your case properly. You have nothing to lose by contacting our Los Angeles workers’ compensation lawyers now!