Los Angeles Workers’ Compensation Lawyer

Los Angeles Workers’ Compensation Attorney

The workers’ compensation system exists to provide economic and medical relief to individuals who suffer injuries in their workplaces. California imposes strict requirements on employers. Every employer in California must carry workers’ compensation insurance. In addition, all employers must accurately categorize their employees to ensure that every employee legally entitled to workers’ compensation benefits may claim those benefits if they are injured at work.

Legal Representation for Los Angeles, CA, Workers’ Compensation Claims

Unfortunately, it is extremely difficult to navigate the workers’ compensation claim process in California. The California workers’ compensation system was designed to be a benefit delivery system. Workers’ compensation insurance companies pay less money in benefits and make substantial profits by denying and delaying legitimate claims. Insurance companies and their attorneys work hand in hand to stack the deck against injured workers and to pay out as little as possible.

The Canlas Law Group, with its extensive experience prosecuting workers’ compensation claims, can level the playing field for you and successfully provide the comprehensive legal representation you need to navigate a workers’ compensation claim in Los Angeles,CA.

Why Should I Hire a Los Angeles Workers’ Compensation Attorney?

If you are struggling with an injury you sustained at work, you will need to manage your recovery and your injury’s effects on your household. If you are unable to work, this can significantly hurt your family’s finances, creating a snowball effect that leaves you unable to pay bills and manage everyday expenses. Legal counsel from an experienced Los Angeles workers’ compensation lawyer can be an invaluable lifeline in this situation.

Your legal team can assist you in every phase of your claim, including completing your claim forms, locating and scheduling a treating doctor, scheduling a medical-legal exam, defending you in a deposition, and conducting a trial of your case before a workers’ compensation judge.

Ultimately, you can approach your California workers’ compensation claim with peace of mind when you have an experienced Los Angeles workers’ compensation attorney handling your case.

How Do I Obtain Workers’ Compensation Benefits in California?

Every employer in California must have workers’ compensation insurance, even if the employer has a single employee. If you are injured at work, you should notify your supervisor immediately and request the forms you need to file your workers’ compensation claim. California employers are legally obligated to provide injured employees with a workers’ compensation claim form and are legally required to provide medical treatment after being notified of a work injury.

After your workplace injury, you should report it and seek medical treatment immediately. In an emergency, you can see any available doctor in order to obtain a workers’ compensation insurance carrier. All workers’ compensation insurance providers will provide claimants with a list of local workers’ compensation physicians who can examine them and determine their disability rating. This rating will determine how much the claimant can receive in benefits and how long their payments will continue.

Once you have completed your workers’ compensation claim and visited an approved physician, the California DWC will review your claim to determine your eligibility for benefits. This process can take several weeks, and there is a possibility that the DWC will request additional information in making their determination. In most cases, workers’ compensation benefits include coverage for the claimant’s medical expenses and temporary disability benefits while the injured worker is unable to work.

How Do Workers’ Compensation Benefits Work?

If the insurance company accepts your claim of injury, they will pay for your medical treatment expenses related to your injury and weekly temporary disability benefits if a doctor determines that you are unable to work. This is where your disability rating comes into play. A claimant with a high disability rating could potentially secure approval for permanent disability benefits. This means the DWC will continue disbursing weekly benefit payments for the rest of the claimant’s life. However, the DWC is quite strict when determining whether a claimant qualifies for permanent disability benefits.

Temporary disability benefits or partial disability benefits can work in different ways. A claimant could receive temporary benefits until they can return to work. If their injury is severe enough that they cannot resume their previous job, but they can perform alternative work duties that do not earn as much income, they may qualify for partial disability benefits that effectively make up the difference.

In most cases, the DWC awards temporary disability benefits based on the claimant’s disability rating. Workers’ compensation generally provides up to two-thirds of the claimant’s average weekly wages, and their disability rating determines how long these benefit payments continue. At this point, several issues may arise with a claim. For example, the workers’ compensation doctor may assign the claimant a lower disability rating, or the DWC may deny a claim on a technicality.

What Can a Los Angeles Workers’ Compensation Lawyer Do for Me?

If you have filed for workers’ compensation and experienced a delay or denial of your claim, an experienced Los Angeles workers’ compensation attorney is the ideal resource to consult in either situation. Canlas Law Group has years of experience guiding Los Angeles, CA, clients through complex workers’ compensation cases. We helped many claimants maximize their benefits, get necessary medical treatment and ensure that our clients get the benefits and compensation they deserve.

Your Los Angeles workers’ compensation lawyer can help you increase your chance of success with your claim by assisting you immediately after your workplace injury. In addition, Canlas Law Group can ensure your workers’ compensation doctor assigns you an appropriate disability rating and that the benefits you receive accurately reflect this rating. Ultimately, it is much easier to approach a workers’ compensation claim with confidence when you have a reliable legal team on your side.

If you or a loved one suffered an injury at work, the Canlas Law Group can provide the support and guidance you need to navigate your claim process successfully. Contact us today to schedule your consultation with a Los Angeles workers’ compensation attorney.

In addition to providing expert legal assistance in workers’ compensation cases, Canlas Law Group offers comprehensive support across various practice areas:

• Cumulative Injury: Injuries resulting from repetitive actions over time can cause lasting harm. These gradual injuries may not be immediately apparent, necessitating legal support for compensation.
• Employee Retaliation: Employer retaliation occurs when adverse actions are taken against an employee for exercising their legal rights. This can include termination, demotion, or harassment, requiring legal intervention to protect employee rights.
• Employment Discrimination: Unfair treatment of employees based on protected characteristics constitutes employment discrimination. Legal recourse may be necessary to address discrimination based on factors such as race, gender, age, or disability.
• Employment Law: Regulations governing the relationship between employers and employees fall under employment law. Legal guidance is vital for navigating contracts, wages, workplace safety, and discrimination issues.
• Permanent Stationary Disability: This refers to a stabilized condition resulting in lasting impairment. Legal assistance is crucial for securing compensation and accommodations for individuals facing permanent disabilities.
• Personal Injury: Cases involving harm or injury caused by another party’s negligence or intentional actions fall under personal injury law. Legal representation helps victims pursue compensation for medical expenses, lost wages, and pain and suffering.
• Repetitive Motion Stress Injury: Repeated movements can lead to debilitating conditions known as repetitive motion stress injuries. Legal advocacy is necessary to seek compensation and prevent further harm in such cases.
• Silicosis: This lung disease, caused by inhaling crystalline silica dust, often affects workers in construction or mining. Legal support is vital for affected workers to pursue compensation from negligent employers.
• Social Security Disability: Legal assistance is essential for individuals unable to work due to disabilities to navigate the complex application process and appeal denials for Social Security Disability benefits.
• Wage and Hour: Governing minimum wage, overtime pay, and hours worked, wage and hour laws ensure compliance with labor laws and help workers recover unpaid wages or address wage-related disputes.
• Workplace Back Injury: Injuries resulting from lifting, falls, or repetitive tasks can cause significant impairment. Legal advocacy assists individuals in pursuing compensation for medical treatment, rehabilitation, and lost wages due to back injuries.
• Workplace Injury: Accidents or illnesses occurring on the job, from slips and falls to chemical exposure, are encompassed by workplace injuries. Legal assistance helps injured workers seek compensation and ensures employers uphold their duty to provide a safe workplace.
• Workplace Stroke Injury: High-stress environments or exposure to hazardous conditions can result in workplace stroke injuries. Legal support aids stroke victims in accessing medical care, rehabilitation, and compensation for work-related injuries.
• Wrongful Death: Claims arise when a person dies due to the negligence or wrongful actions of another party. Legal representation helps surviving family members seek justice and recover damages for the loss of their loved one.
• Wrongful Termination: Occurs when an employee is unlawfully fired in violation of employment contracts or discrimination laws. Legal recourse may be necessary to challenge wrongful termination and seek reinstatement or compensation for damages.

Average Workers’ Comp Settlement in Los Angeles, CA

Many individuals wonder if it is worth filing a workers’ compensation claim due to the additional effort it takes, but the potential rewards often outweigh the extra time and work. The average amount that an individual receives from a workers’ compensation settlement depends on the body part that is injured and how much the injury affects their ability to do their job and perform basic life tasks. According to the National Safety Council:

• The average workers’ compensation claim amount for 2020-2021 was $41,757.
• Individuals with injured body parts like the nervous system, neck, legs, or hips received the most compensation, which amounted to anywhere between $59,000-$94,000 on average. This is likely because injuries to these body parts usually result in significant mobility issues that greatly affect an individual’s capacity to work.
• Individuals who injured body parts like fingers, toes, or ankles received less compensation, averaging between $21,000-$35,000. This is likely due to the fact that these types of injuries do not prevent mobility as much as other types.
• If multiple body parts were injured, the individual was likely to receive a higher amount. The average amount for an individual with multiple injured body parts was $62,859.
• Injuries related to motor vehicle accidents and injuries that required more serious medical procedures like amputation typically received more in their workers’ compensation claim than injuries like cuts or scrapes.

What Happens if My Claim Gets Denied?

If your workers’ compensation claim gets denied, there are still options. The state’s Division of Workers’ Compensation allows individuals to refute a claim denial by filing a case at a local office to be heard by a judge. Here is the general process for appealing a denied workers’ compensation claim:

1. File an Application for Adjudication of Claim form in an office located in the county where you filed the initial workers’ compensation claim.
2. After this form is filed, you must fill out the Declaration of Readiness to Proceed form in order for your case to be heard by the office’s judge.
3. A hearing will be scheduled. Your attorney can attend this hearing with you. In the initial hearing, the judge will attempt to resolve the case with both parties. If you are unable to do this, then a trial will be scheduled.
4. If a trial occurs, the judge presiding over it will send you a written decision on the case around one to three months after the trial.
5. If you disagree with the judge’s decision, you can fill out a Petition for Reconsideration form for another look at your case.

If your disagreement is about your medical report on your injuries instead of the claim itself, there is a separate process for this in which you would get evaluated by a qualified medical evaluator.

Due to the extensive amount of time-sensitive documents you must provide, it can be helpful to work with an attorney to make sure you turn in everything on time for the case to go smoothly. An attorney can also notify you about changes or updates to your case so that you can focus on recovering from your injuries during the appeal process.

FAQs About Los Angeles, CA Workers’ Compensation Law

If you’ve suffered a work-related injury or were diagnosed with an occupational illness, you probably have a lot of questions regarding your right to workers’ compensation benefits.

Below is a list of commonly asked questions and their answers. We also welcome you to contact an attorney at Canlas Law Group, APLC, by email or by phone: 323-888-4325.

How are workers’ compensation benefits paid?

All employers in the state of California are required to either:

• Become self-insured to cover work-related injuries or illness
• Purchase a workers’ compensation insurance policy

Workplace injury claims are paid out by the employer’s insurer every two weeks following the approval of a claim.

How are workers’ compensation benefits calculated?

Workers’ compensation in California is separated into two main categories: temporary disability and permanent disability.

A claim is classified as a temporary disability claim if an injured or ill worker is unable to return to work within three days. Benefits are not paid for the first three days of missed work unless the worker is:

• Unable to return to work for more than 14 days
• Hospitalized overnight for his or her injuries or illness

Temporary disability benefits are payable every two weeks at a rate of two-thirds their lost wages (up to the maximum set by California law). This occurs until the worker is able to return to work or the worker’s condition becomes permanent.

A claim is classified as a permanent disability claim if the reporting physician indicates that the worker will not return to his or her pre-injury or pre-illness condition. The percentage of benefits paid every two weeks depends on:

• The extent of his or her injuries, illness or disfigurement
• The extent to which his or her future earning capacity has been diminished
• The employee’s pre-injury/pre-illness occupation
• The date the injury or illness began
• The age of the worker when he or she was injured or became ill

What are workers’ compensation benefits?

Workers’ compensation benefits are a form of monetary compensation given to workers who have suffered a work-related injury. These benefits are designed to cover lost wages as well as expenses for medical treatments. They do not cover pain and suffering or other punitive damages.

What can I seek workers’ compensation for?

In California, benefits that are provided under workers’ compensation include:

• Medical care
• First aid and emergency treatment
• Temporary and permanent disability
• Supplemental job displacement
• Funeral and burial expenses
• Support payments for surviving dependants (fatal accident claims)

Are there any statutory limits on worker’s compensation claims?

California law requires workers to notify their employers of work-related injuries as soon as possible. In cases of gradually developing injuries or illnesses, the law allows workers to file a report when they become aware of their condition.

It’s very important to report your injury or illness within 30 days of either suffering from it or learning about it. Failing to do so could cause you to lose your right to receive workers’ compensation benefits.

Can my employer fire me because I was injured or filed for benefits?

No. The state of California prohibits employers from taking retaliatory actions against employees who become injured or ill during the course of work. Retaliation can include, but are not limited to:

• Termination
• Unfair demotion
• Refusing a promotion
• Harassment
• Salary reduction
• Unnecessary job or shift reassignments

We Fight To Protect Workers’ Rights

At Canlas Law Group, APLC, our lawyers are committed to helping injured workers get the answers they need to protect their rights and recover the workers’ compensation benefits they need and deserve. If we didn’t answer one of your questions above, call us at 323-888-4325 or contact us by email and we will take the time to get you the answers you need during a free initial consultation.

We serve clients throughout the Los Angeles area and Southern California.

Los Angeles, CA, Workers’ Compensation Resources

• 2024 How Does Workers’ Comp Work in California?
• What California Workers’ Comp Lawyers Won’t Tell You? 2024
• Is Workers’ Comp Taxable in California? 2024
• 2024 Who Can Be Excluded from Workers’ Compensation in California?
• 2024 How Long Can You Be on Workers’ Comp in California?