What Is Workers’ Compensation?
Workers in California are fortunate to have one of the most beneficial Workers’ Compensation programs in the country. This insurance program was created to protect workers from the financial hardships caused by a workplace injury, cumulative trauma, or an occupational hazard or disease. All employers throughout Los Angeles and the state are legally required to purchase this coverage for their employees. In addition, employers are not permitted to prevent workers from using their benefits to seek compensation for an injury or harm sustained in the workplace.
Other than knowing their workers are protected in the event of an injury, a benefit for the employer is that in most cases, an injured worker cannot file a civil lawsuit against their employer for added compensation beyond what is paid by Workers’ Compensation. Only in extreme cases, which the team at LA Injury Attorneys can explain to you in more detail, would you have a right to sue your employer for more than your Workers’ Compensation benefits.
How to File a Workers’ Compensation Claim
Workers’ Compensation cases in California are not commenced by filing a complaint in superior court. Instead, a Workers’ Compensation case begins by filing a claim form with the Employer.
Filing a Workers’ Compensation Claim in California is a 3-step process:
- Reporting the injury
- Filing the actual claim with your employer
- Filing an application for adjudication of a claim with the Workers’ Compensation Appeals Board (WCAB)
Why do I Need a California Workers’ Compensation Attorney?
Unfortunately, many workers from Los Angeles to Pasadena are unaware of the benefits and rules relating to the use of Workers’ Compensation benefits. Some employers are even misinformed about the program and how it can be used to help an injured worker. Sadly, misinformed employers try to prevent employees from using the program because they fear the cost of participating in Workers’ Compensation will increase. So, they discourage or even threaten to fire an employee who files a claim. However, when you contact LA Injury Attorneys, you will learn that no employer can deny you access to Workers’ Compensation benefits or punish you for filing a claim.
If your employer is not being helpful in guiding you through the proper process to file a Workers’ Compensation claim, please reach out to our staff immediately. Our Workers’ Compensation experts will answer any questions and ensure your claim is handled as rapidly as possible. Please do not wait to contact our staff, as you only have 30 days from the day you suffered a workplace injury to start the claim process with Workers’ Compensation.
Time Frame for Filing a Workers’ Compensation Claim
The deadlines for filing a Workers’ Compensation Claim start on the date of your injury. You have 30 days to inform your employer that you have been injured or fallen ill for a work-related reason. If you were hurt in a workplace accident, the date is easy to obtain. But it’s complicated if you have a cumulative trauma injury (like repetitive stress) or an occupational disease (like lung disease from exposure to toxic chemicals). In such situations, the time period for reporting and filing your claim starts when both of the following happen:
- You first missed work or visited a doctor
- You knew that it was caused by your work (because the doctor explained thatto you)
Why Choose Us for Your Workers’ Compensation Case
We are committed to enforcing your rights to help you receive maximum compensation for your injury. Workers’ compensation provides benefits to workers who are hurt at work or have discomfort, illness, or disability caused by conditions in the workplace. A workers’ compensation claim is not a claim against his employer but a claim for insurance benefits. When you file a claim, the program will provide payment for your medical expenses, often directly to the medical care provider, for up to $1M in services per injury incident. This substantial amount ensures injured workers have access to the medical care and rehabilitation needed to provide the most favorable outcome in these challenging situations. In addition, you can receive up to 66% of your average weekly earnings in lost income if your injuries prevent you from working at your regular job until you are fully healed.
The Benefits of Workers’ Compensation:
- Medical attention. Paid by your employer to help you recover from an injury or an illness caused by the workplace.
- Benefits for temporary disability.
- Supplemental benefits for loss of work.
- Vocational rehabilitation.
- Survivors’ benefits such as payments to your spouse, your children, or other dependents if your life is lost due to an injury or occupational disease.
- You do not need to be a legal resident of the United States to receive most of the benefits of workers’ compensation.
- Compensation for lost wages.
- No matter what your legal situation is, we can help.
Many injured workers are afraid of reporting a work injury for fear of losing their jobs. In California, it is illegal to get fired for having an accident at work or to be punished in any way, such as docked wages or a demotion. As an employee, you have the right to defend yourself and get the compensation you deserve. If your employer is not helping you to get this vital coverage and assistance, please get in touch with the dedicated team at LA Injury Attorneys.
