Updated: Nov 28, 2020
When And Why You Should Seek Legal Advice From A Workers Compensation Lawyer in Los Angeles
Workers ' compensation policies were an outcome of the Democratic Period when reformers responded to labor and employer complaints about high rates of work-related accidents, inadequate compensation for injured workers, and continued confusion among employers about how to foresee the costs associated with these injuries.
The workers ' compensation system in California was founded in 1913 by the Boynton Act, which allowed employers to offer workers ' compensation insurance to their employees, with certain exceptions, such as the agricultural sector.
Permanent disability payments, including permanent partial disability, have become an integral aspect of the workers ' compensation system. If you're injured on the job, you should immediately contact a California Bar Certified Worker's Compensation Lawyer Referral Service to have your claim reviewed FREE of charge.
What should I do after a work related injury?
A Workers ' Compensation Claim Form (DWC 1) must be issued or mailed to you by your employer within one working day after you report your accident or sickness (or your employer learns about it). You use this method to inquire about pay incentives for employees. Get one from an Information & Assistance officer or a workers compensation lawyer if your employer does not give you a claim form.
Read all the details that the claim form comes with. "Fill out the" employee "part of the form and sign it. Completely explain the injury. Include all parts of the body that are affected by the injury. Offer your employer the form. This is called the claim form "filing." To prevent potential issues with your argument, do this right away. Using first-class or certified mail and purchase a return receipt if you mail the form to your employer.
Get medical treatment as soon as possible.
A doctor who knows the unique form of accident or disease should treat you. The position of a primary physician is that of:
Prescribe medication for your accident or illness at work and monitor your general care
Help you decide when you should go back to work.
Help to describe the types of work that you can do safely while recovering.
If possible, refer you to specialists,
Write medical reports that help assess the advantages you are receiving.
Share with your primary doctor about your symptoms and the incidents you think have triggered them at work. Describe your job and your working environment as well.
After I file the claim form, what happens?
Your employer must review, fill out, and sign the "employer" part of the form and provide a claims administrator with the completed form. This person oversees the employer's compensation claims for employees. Most claims administrators work for insurance firms or other entities managing employer claims.
Some claim administrators work directly for large corporations handling their own shares. This person can also be called a claims investigator or claims adjuster.) Within one working day after you submit your claim, the employer must send or mail you a copy of the completed form.
Within a reasonable time, the claims administrator must determine whether to approve or reject the claim.
"Accepting" the claim means that the insurance administrator acknowledges that the accident is protected by compensation from staff. You can receive compensated medical coverage for your injuries if your application is admitted. To help make up for missed income, you might even be eligible for compensation.
"Denying" the allegation means that the administrator of claims agrees that benefits do not protect the disability from employees. If you are given a letter rejecting your petition by the claims administrator, you have a right to appeal the decision. Don't wait because the requisite papers have deadlines for filing. Find a workers compensation lawyer near you for a free consultation.
Is my claim approved if I have not heard from the claims administrator?
Within a reasonable time, the claims administrator must determine whether to approve or reject the claim. If you are filing your claim by yourself and it gets denied, consult with a workers compensation lawyer ASAP. If a letter denying your request is not sent to you by the claims administrator within 90 days after you submit your claim or confirmed the injury, your application is considered approved in most circumstances.
Who dictates what kind of job I can do while recovering?
In a medical report, the primary treating physician is responsible for explaining:
What sort of job you can and can not do when recovering
What adjustments in your work schedule or assignments are required.
You, your primary care doctor, your boss, and your lawyer (if you have one) should review your job description and address the appropriate changes to your job. Your employer can, for example, give you a reduced work schedule or make you spend less time on specific tasks.
If you don't agree with your primary treating physician, you must write about the dispute immediately to the claims administrator, or you will forfeit valuable rights. If you disagree with a medical report, check the measures you may take.
I'm afraid to lose my job after reporting my injury. Can I get fired by my employer?
When you assume the accident was caused by your employment, it is illegal for your employer to threaten or dismiss you for getting a job injury or filing a worker's compensation claim. In your case, it is also unlawful for your employer to discipline or fire co-workers who testify. This kind of discrimination is forbidden by the California Labor Code (section 132a). You should immediately consult with an employment discrimination lawyer.
Both the Federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) state that if you need time off for a severe medical condition, an employer of 50 or more workers typically must let you take unpaid leave for up to 12 weeks without losing your work.
The federal ADA (Americans Disabilities Act) and the Equal Work and Housing Act of California (FEHA) make it against the law for your employer to discriminate against you because of a severe disability if you do not completely recover from your injury.
Find an employment discrimination lawyer if you believe your career is threatened. Remember that the deadlines for taking steps to protect your rights are in place.
May I get some other financial aid besides workers ' compensation benefits?
There are other forms of assistance available:
State Disability Insurance (SDI) or, in some situations, Unemployment Insurance (UI) premiums provided by the Department of Workforce Development (EDD) when payments are postponed or rejected for workers ' compensation. (If you are not employed because of your injury, you can file a claim for SDI or UI insurance if there is an issue with the compensation claim for your employees. Be sure to notify the EDD about the compensation claim for your employees.)
Social Security disability insurance is received for total disability by the US Social Security Administration ( SSA) (these benefits can be diminished by the wage payments of employers that you receive).
Employers and unions provide incentives, such as maternity leave, group health insurance, long-term disability insurance (LTD), and pay continuation programs.
A petition or action if someone other than your employer caused your injuries.
How do I ensure my workers compensation claim is approved?
You will typically fill out several forms and other documents and collect them.
Keep copies of all your documents, reports and forms submitted.
Take notes about all your communications with the people involved in your argument. Keep track of your medical condition and how your ability to function is affected.
Insist in writing that you be given copies of all medical records and other documentation by the claims administrator.
Before and after your accident, save pay stubs and time sheets showing your salary, the dates of employment, and time off from work.
Maintain track of any out-of-pocket expenses that may be compensated by workers ' compensation (such as prescriptions or travel costs for medical appointments).
Learn more about California workers compensation. Employee benefits laws and procedures are complex.
Learn what your rights are, and ask questions, don't be afraid—to ask a workers compensation lawyer.
Speak up when you have a problem. See whether your employer or the administrator of claims will agree to resolve the matter. Don't postpone seeking treatment if this does not work.
Contact an officer for Details & Assistance. I&A officers answer questions and support staff who are injured. They can provide and help solve problems with information and forms. Find a pre-screened workers compensation lawyer who can review your claim and give you legal advice.
Find a workers compensation lawyer near you.
Lawyers who represent injured workers in the compensation cases of their employers are called worker compensation lawyers. Their responsibility is to defend your interests, formulate a case strategy, collect proof to support your legal claim, keep track of deadlines, and represent you in pre-hearing hearings.
How Do I Request An Unbiased Referral To A Pre-Screened, Ethical Workers Compensation Lawyer In Los Angeles?
You can submit a request online 24 hours a day. Free case review within 15 minutes.
By calling the 24-hour lawyer referral hotline at 1-661-310-7999