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Get the Justice and Compensation You Deserve with the Help of an Expert Workers’ Compensation Lawyer!

Explore Workers' Comp Practice Areas

What is Workers’ Compensation?

The workers’ compensation system, also known as workers’ comp, is a state-mandated insurance program that provides specific benefits to employees who suffer job-related injuries or illnesses. While the world of workers’ compensation can be complex and nuanced, a workers’ compensation lawyer can assist you in determining the nature of your injury and whether it is covered by your employer’s workers’ compensation insurance.

It is important to note that there are strict statutes of limitations that can affect your ability to file a workers’ compensation claim. Therefore, if you have been injured while performing your job duties, it is crucial to seek the services of a qualified work injury lawyer who has the expertise and knowledge of the laws and regulations in your state.

NO PROBLEM, YES WE CAN HELP!

Each state has its own unique workers’ compensation program. Additionally, the federal government administers a workers’ compensation program for federal employees and certain other types of workers. Workers’ compensation is a no-fault system, meaning that employers provide coverage for injured employees without assigning blame. In return, the injured employee waives the right to sue their employer or coworkers for any negligent acts that may have caused the injury.

  • Don’t have a valid Social Security number? No problem! You are entitled to the same benefits as documented employees.
  • Has your case been delayed or denied? No problem! We are ready to fight for you.
  • Not receiving timely medical care? No problem! We have doctors ready to treat you.
  • Not receiving the maximum benefits allowed by law? No problem! We are prepared to take your case to trial.

Types of Work Injuries

There are generally two types of workplace injuries recognized in workers’ compensation: Specific Injuries and Cumulative Trauma.

  • Specific Injury: This type of injury occurs due to a specific incident, such as falling, tripping, or lifting a heavy object.
  • Cumulative Trauma: This injury results from repetitive actions performed over time, leading to damage to a particular body part. For example, typing for several years can result in carpal tunnel syndrome in the wrist.

Regardless of the type of workplace injury, the consequences can have lasting effects on an individual’s life.

Workers’ Compensation Benefits

Workers’ compensation benefits are divided into five basic categories:

  1. Medical Treatment or Care
  2. Temporary Disability Benefits
  3. Permanent Disability Benefits
  4. Vocational Rehabilitation Services
  5. Death Benefits
Compensation for individuals who suffer injuries at work is governed by workers’ compensation statutes. This law is based on the employer-employee relationship and does not depend on negligence. Regardless of who is at fault, you are entitled to compensation and coverage under workers’ compensation rules. It is important to note that emotional distress and mental anguish are not considered factors in this compensation law and, therefore, are not covered. For more information, please refer to Injured Workers’ Rights and Benefits.
The amount of compensation awarded is determined by several factors, including the classification of employees based on their job duties. Employees are categorized, and rates are assigned to each specific tier. Compensation under workers’ compensation is generally lower than in personal injury cases, as no third party is involved. Every employer is required to carry workers’ compensation insurance, and the likelihood of an employee successfully collecting benefits under this system is relatively high.

Additionally, pursuing a claim against a third party for negligence is not prohibited in the event of a workplace injury. For example, if an employee is driving and is rear-ended by another vehicle, they can file two separate lawsuits: one for workers’ compensation and another against the third party for liability.

Workers' Comp

Workers' Compensation

Workers' Compensation provides financial and medical benefits to injured or ill workers. This insurance policy helps people heal and return to work by covering medical, lost income, and rehabilitation or retraining costs.

Workplace Injuries

Workplace Injuries occur when employees are injured while performing job duties. It includes accidents or health issues arising from work conditions, leading to compensation claims for medical costs and lost wages.

What is Workers’ Compensation?

Workers' compensation insurance under state law provides financial and medical benefits to injured or ill workers. Workers' compensation provides medical care, income replacement, and rehabilitation to injured workers.

What to do After a Work Injury?

Workplace injuries require immediate action. To document the injury, notify your employer promptly. File a workers' compensation claim immediately to start earning benefits. To safeguard your rights, keep careful records of medical treatments.
Injured Worker Right to Medical Treatment

Workers wounded on the job deserve medical attention. In some states, the employer or insurer chooses the healthcare provider. Workers generally receive care for illness or injury.

Injured Worker Right’s To Permanent Disability Benefits

Long-term or permanent injuries or conditions that impede work qualify for permanent disability compensation. Damage severity and influence on daily tasks or job performance determine these benefits.

Injured Worker Rights To Temporary Disability Benefits

Worker injuries and illnesses that prevent them from working are covered by temporary disability compensation. These benefits usually reimburse a percentage of the worker's lost pay while recovering and unable to work.

Injured Worker’s Rights to Death Benefits

Family members of dead workers might obtain workers' comp. The worker's spouse, children, or other dependents receive burial costs and a percentage of income. The family needs money after the breadwinner died in a job accident.
Types of Work Injuries

Work injuries include slips, trips, falls, mechanical injuries, repetitive strain injuries including carpal tunnel syndrome, and chemical or asbestos exposure. PTSD and other mental health issues can result from job trauma.
Denied Workers’ Compensation Claims

Denied Workers’ Compensation Claims involve legal action to overturn denied claims. It includes challenging decisions to secure benefits and compensation for work-related injuries or conditions.

Discrimination Against Injured Worker

Employers cannot retaliate against workers' comp claims. Workers seeking work-related injury or illness benefits should not be dismissed, demoted, or relocated. Claims may be discriminated against, so they can complain to the labor board or agency.
Workers’ Comp Settlement Options

Settlement methods allow workers to collect compensation without going to court. Lump-sum or structured settlements offer the worker one-time or continuing payments. Injury severity, medical expenditures, and other factors determine compensation.
Serious & Willful Claim

Serious, committed Workers can demand higher pay if the employer was reckless or malicious. Distributing dangerous equipment or endangering personnel is illegal. Successful claims may increase employer fines or benefits.
Catastrophic Injury attorney

A catastrophic injury attorney assists clients who suffer severe injuries from accidents or negligence. They understand personal injury law. They seek maximum compensation for medical expenses, lost wages, and pain and suffering. They help victims and their families navigate the legal process and secure justice.

Frequently asked Questions

Common workers' compensation issues include eligibility, how to submit a claim, and what injuries are covered. Workers' compensation's impact on personal injury and disability claims worries others.
Workers' Compensation Benefits for Coronavirus

COVID-19-infected workers may qualify for workers' comp. Healthcare and key personnel are at risk, hence many states have increased COVID-19 workers' comp. State laws vary on how workers must prove they contracted the virus at work.

Undocumented Workers

Illegal laborers may obtain workers' comp. Many states protect all workers from workplace injury, regardless of immigration. Medical benefits, pay replacement, and rehabilitation may be available to workers, but they cannot report injuries or receive legal aid.
Office-Related Injuries

Office-related injuries involve injuries occurring in office environments. It includes claims for conditions like repetitive strain or slip and fall accidents, seeking compensation for medical costs and lost wages.

Fatal Workplace Accidents

Fatal Workplace Accidents involve claims for families of workers who die due to work-related incidents. It includes seeking compensation for wrongful death, funeral expenses, and loss of income.
Back and Neck Injuries

Back and Neck Injuries occur from workplace accidents involving the spine or back. It includes claims for medical treatment, lost wages, and compensation for long-term impacts from such injuries.
Medical Benefits Claims

Medical Benefits Claims involve seeking coverage for medical expenses related to workplace injuries. It includes ensuring all necessary treatments and therapies are covered under workers’ compensation.
Disability Claims

Disability Claims involves a request where the claimant shows disability, making a disability determination, to receive claimant benefits. It must be advised immediately.
Delayed Workers’ Compensation Claims

Delayed Workers’ Compensation Claims address delays in receiving workers’ compensation benefits. It involves efforts to expedite the claims process and ensure timely access to medical and wage benefits.
Injured Worker’s Rights to Voucher

Some jurisdictions offer retraining or education vouchers to injured workers. These vouchers are normally offered if the worker's injury permanent disables them. The voucher can help the worker change careers through education, occupational training, or job placement.

Spinal Cord Injuries

Spinal Cord Injuries are serious injuries involving the spinal cord, often from workplace accidents. It includes claims for medical expenses, rehabilitation, and compensation for permanent disability effects.
Brain Injuries

Brain Injuries involve claims for work-related traumatic brain injuries. It includes obtaining compensation for medical treatment, rehabilitation, and long-term effects from injuries sustained on the job.
Burn Injuries

Burn Injuries occur from workplace accidents involving fire or chemicals. It includes seeking compensation for medical treatment, rehabilitation, pain and suffering, and lost wages due to burn injuries.

Workers’ Compensation Appeals

Workers’ Compensation Appeals involve challenging denied or inadequate compensation claims. It includes legal efforts to overturn denials and secure rightful benefits for work-related injuries or conditions.

Workplace Chemical Exposure

Workplace Chemical Exposure involves health issues from hazardous chemicals at work. It includes conditions like respiratory problems or skin diseases, requiring medical benefits and compensation for long-term health effects.

Slip and Falls at Work

Slips and Falls at Work involve injuries from slipping or tripping on workplace premises. It includes hazards like wet floors or uneven surfaces, leading to medical claims and compensation for lost wages.
Construction Site Injuries

Construction Site Injuries occur when workers are hurt on construction sites. It involves accidents like falls or equipment failures, seeking compensation for medical costs, lost wages, and long-term effects.
Occupational Diseases

Occupational Diseases are illnesses caused by exposure to harmful substances or conditions at work. It includes diseases, requiring medical benefits and compensation for health impacts.

Repetitive Stress Injuries

Repetitive Stress Injuries are caused by repetitive motion or strain at work. It includes conditions like carpal tunnel syndrome, resulting in medical treatment and compensation for work-related injuries.
Hearing Loss Claims

Hearing Loss Claims relate to workplace-induced hearing damage from excessive noise. It includes claims for medical treatment and compensation for the loss of hearing abilities due to work conditions.
Liability Claims

Liability Claims involves a legal action in which someone asserts a compensation for a wrongdoing. It includes property damage claims, involving some other persons.
Can an Employer Be Responsible for Negligent Acts?

Employers can be held responsible for neglecting unsafe working conditions and equipment if they were aware of these issues. If an employer fails to take remedial action after being informed of dangerous work conditions, they may be liable for any resulting accidents. Additionally, unsafe equipment can also lead to legal action against the manufacturers of the defective products. Injuries may arise from unsafe workplace conditions or faulty equipment. For more information, see the section on Serious and Willful Claims.

The law provides a means of redress for injured employees, but determining whether an employer’s negligence caused the injury can be complex. A third-party claim is also assessed using similar criteria.

Temporary Disability Benefits are tax-free payments you receive from your employer while you recover from an illness or injury that prevents you from performing all your job duties. If you can work but earn less than your previous pay, you may be entitled to some temporary partial disability benefits. Conversely, if you are unable to work at all, you may qualify for temporary total disability benefits. Generally, you will receive two-thirds of your gross wages prior to the injury, subject to minimum and maximum limits set by law. This gross income includes all forms of compensation, such as wages, tips, commissions, lodging, and overtime. You also have the right to receive medical attention as needed, and wages can include income from multiple jobs held before the incident.

Navigating the complex equations and confusing claim forms requires guidance. It’s essential to have someone to help you through the intricate maze of claims, counterclaims, and liabilities. Your story needs to be heard, and your rights must be protected. An experienced Los Angeles Workers’ Compensation attorney can provide the vital assistance you need.

Discrimination is another way an employer could be liable. Discrimination in the workplace can create a hostile environment and alienate coworkers. To address this issue, it’s important to speak up. You need someone knowledgeable about the intricacies of the law to voice your concerns. The legal landscape can be challenging to navigate without proper guidance, and a Los Angeles Workers’ Compensation firm can offer the best support in overcoming these obstacles. Multiple claims can be filed for a single injury, and a layperson may struggle to understand the implications of these complexities. An experienced Los Angeles Workers’ Compensation attorney will give you the best chance of receiving the compensation you deserve.