You have rights after being injured at work. Your life may forever change after a workplace accident so it is important to file a workers’ compensation claim to help with your lost wages, medical expenses, and other bills.
With so much at stake, strong legal representation is vital. We can help at JML Law, A Professional Law Corporation.
What Does Workers’ Compensation In Los Angeles Cover?
Financial compensation from workers’ compensation benefits should cover most losses and damages that you incur from being injured at work or if a family member is killed in a work-related accident. Losses covered by workers’ compensation include:
- Medical expenses
- Mileage expenses for travel related to your injury and recovery
- Lost wages or income (typically two-thirds of your weekly pay at the time the injury occurred)
- Temporary or permanent disability
Our attorneys assist workers injured in construction accidents and those suffering from all types of injuries. We know you may have questions about your rights and what benefits are available. Visit our FAQ page to learn more about common workplace accidents.
Why You Need A Los Angeles Workers’ Compensation Attorney Right Away
Your employer or its insurance provider can challenge any part of your claim. The insurance company can require an independent medical exam (IME) by a physician of its choice, who is typically unfavorable to workers. We can help you challenge this IME, get a second opinion, and see a doctor of your choice for treatment.
Our Los Angeles workers’ compensation attorneys can challenge several aspects of the insurance company’s case, which often attempts to deny, delay, and diminish work injury compensation. We have over 40 years of experience advocating for injury victims in Woodland Hills, Los Angeles County, Orange County, San Francisco and throughout California, we can help you secure maximum compensation while seeing a doctor of your choice within the California Medical Provider Network (MPN).
If you were injured by a dangerous or defective product, you might have an underlying third-party liability injury claim worth pursuing against a manufacturer, distributor, retailer, or another liable party in addition to your workers’ compensation claim. This will complicate your legal case, but we can help you navigate the road to maximizing your injury compensation.
Our Los Angeles Workers’ Compensation Attorneys Advocate For The Best Possible Outcome
Our lawyers can help you appeal insurance denial on several levels and guide you through the process. We are also very experienced in pursuing wrongful termination claims against employers. We will aggressively advocate for your best possible outcome in all legal forums and resolve legal disputes in your best interests.
Our goal is to aid your recovery as much as possible, help you get back to work, and allow you to have peace of mind in the process. We work to ensure that your past, present, and future medical and financial needs are covered.
How to Prepare for an Initial Consultation With a Los Angeles Workers’ Compensation Attorney
There is no reason not to consult with an attorney when you plan to file a workers’ compensation claim in Los Angeles. A lawyer will not pressure you to hire them if you choose to go in a different direction. Perhaps more importantly, your initial consultation with a lawyer is free. You don’t need to worry about spending money on a consultation when you are already concerned about the cost of medical bills and other financial losses that may result from a workplace accident.
Your goal is to ensure your initial consultation is as productive as possible. To that end, it is wise to take the following steps when preparing for your meeting with a Los Angeles workers’ compensation attorney:
- Gather documentation: You may have access to certain forms of documentation relating to your on-the-job accident. For example, in the immediate aftermath of an accident that occurred at work, you should have reported the incident to your supervisor or the highest-ranking member of the company available at the time. If you filed an official report, bring a copy of it with you to your consultation.
- Secure medical records: The second step to take after being injured at work is to seek medical attention right away. Secure copies of records and other such documentation from the doctor or medical facility that provided treatment and bring them to your meeting with an attorney.
- Draft your narrative: You need to fully describe the circumstances of your accident when discussing your case with a lawyer. It must be clear that your accident was genuinely work-related, that you did not cause it yourself in an attempt to secure a workers’ compensation payout, and that it was not the result of your own excessive negligence. Ensure an attorney you meet with understands the nature of your accident by writing up a narrative of it. You don’t want to forget to include any relevant details when describing to a Los Angeles workers’ compensation attorney how you were injured.
- Get witness statements: Were there any witnesses to your accident who can back up the statements in your narrative? If you didn’t get any statements from them at the time of the accident, attempt to do so before your consultation. Bring written and signed copies of these statements to your meeting.
- Gather additional evidence: There may potentially be other forms of evidence you can provide a lawyer with during a consultation. Examples might include photos, videos, and police reports of an accident. Bring these as well if you have access to them.
None of this is meant to suggest that you shouldn’t bother meeting with an attorney if you have not been able to gather all the documentation and evidence listed here. You should still consult with a legal expert if you plan on filing a workers’ compensation claim in Los Angeles or if your workers’ compensation claim has been denied. It’s simply worth noting that your initial consultation with an attorney is likely to be most productive when you prepare as thoroughly as possible ahead of time.
Time Limit To File A Los Angeles Work Injury Claim
There are various deadlines in place that victims of work injuries need to be aware of. First, an injury or illness needs to be reported to the employer within 30 days from the day the injury occurs or from when a doctor diagnosis the injury or illness. However, simply reporting an injury to the employer does not necessarily mean that the work injury claim has been filed with workers’ compensation.
Officially, state law places a one-year statute of limitations on filing a work injury claim. This means that the claim needs to be filed within one year from the date the injury or illness occurs or from when a doctor makes a diagnosis of the injury or illness. Failing to file a claim within this one-year timeframe will likely result in the workers’ compensation claim being denied.
In the event your work injury was caused by a third-party (somebody other than the employer or a coworker), then you may be able to file a personal injury lawsuit in order to recover compensation for your losses. In this case, the California personal injury statute of limitations of two years will apply. This means that victims have a two-year window with which to file a claim against the alleged negligent party where they will lose the ability to recover compensation for their losses.
Common Reasons For Workers’ Comp Denials
There are various reasons why it workers’ compensation claim may be denied in Los Angeles. This includes the following:
- Deadlines not met. The deadlines mentioned above must be followed, or the victim will not be able to recover compensation.
- Injury did not occur at work. If your injury happened outside of work or why you are not conducting work-related duties, the insurance carrier or employer may deny the claim.
- Drug or alcohol involvement. If the injury victim was under the influence of alcohol or drugs at the time they were harmed, their claim will likely be denied by the employer or insurance carrier.
- Negligent behavior. If the injury victim was participating in work outside of the scope of their duties or acting negligently at the time of the injury, their claim may be denied. This can include fighting, horseplaying, etc.
- Employer disputes the incident. If the employer disputes how the injury occurred, this could result in a delay or denial of your claim while the investigation is ongoing.
- Failure to seek medical care. If an injury victim fails to see a doctor after sustaining a work injury or discontinues follow up care recommended by a physician, this could give the insurance carrier or employer a reason to deny a claim.
Injured At Work? Contact Us.
We offer free consultations and are proud of the personal attention we provide to every client. We know you face challenges after a workplace accident. Let us guide you through the process of filing a claim so your rights are protected.
Schedule a consultation by calling 818-610-8800 or contact us online. We handle all cases on a contingency fee basis. If we don’t win, we don’t get paid.