When a Los Angeles worker is injured on the job, he or she may have the right to file a workers’ compensation claim in order to seek benefits while he or she is unable to work. Workers’ compensation is the nation’s oldest social insurance program. It was adopted in most states, including in California, during the 1920s. One of the many advantages of workers’ comp is that it is a no-fault system, meaning you do not have to prove that the incident was another person’s fault in order to seek benefits.
If you were injured at work, it is important to consider involving an attorney. Although workers’ compensation benefits are in place to protect workers just like you who have been injured on the job, situations may arise where the employer will attempt to subvert these laws and fail to provide sufficient financial compensation to their employees who have been injured or disabled, or who have lost their lives. In these cases, having a competent Los Angeles workers’ compensation lawyer at your side may make a significant difference in your ability to recover the benefits to which you are entitled.
At Accident Lawyers, our attorneys are dedicated to helping Los Angeles employees with their workers’ compensation claims and appeals. We understand that you or a loved one has already been injured and that dealing with a legal matter of this kind may be the last thing on your mind. However, we also know that your ability to recover full workers’ comp benefits may make a difference in your ability to pay for all of your medical care and your family’s expenses while you are out of work. With over 35 years of collective attorney experience and the resources to handle your case effectively and efficiently, the attorneys at our law firm are here to help you secure the benefits you deserve.
If you are interested in learning more about workers’ compensation benefits and your rights in regard to this, do not hesitate to call a lawyer at our firm or contact us online for your free workers’ comp case evaluation. We also have pages of basic information dedicated to related topics, including:
Accidents and on-the-job exposure – we handle virtually all types of accident, injury, illness and wrongful death claims related to the workplace or the duties surrounding one’s job. This includes occupational diseases, repetitive motion injuries and any type of accident at work.
Workers’ comp denials – if your claim was denied, we can help you file a workers’ comp appeal to seek the benefits that are rightfully yours. An attorney can also help if you are wrongfully terminated by your employer because you were injured or filed a workers’ compensation claim.
The rights of injured workers – our team is committed to protecting workers’ rights in and around Los Angeles and all of Southern California. We will fight to protect your legal rights to help you seek a fair case result.
How to file for workers’ compensation – you can find out what steps to take if you have been injured at work or while performing the duties associated with your job. You will need to inform your employer and will need to take other steps to make sure your right to compensation is not jeopardized in any way.
The benefits of workers compensation – there are a number of advantages that the workers’ compensation system offers injured workers, and our goal is to help you experience all of these to the fullest extent as we handle your claim.
Feel free to review all of the pages on this site to get the information you need, or contact a Los Angeles workers’ comp attorney at Accident Lawyers for your free consultation.
There are many advantages to workers’ compensation. Under California law, employers are required to pay for workers’ compensation benefits for their employees for on-the-job accidents and injuries, as well as illnesses caused by workplace exposure. These benefits may include money for medical care, temporary or permanent disability, and job displacement or rehabilitation. A family that has lost a loved one in a workplace accident may also be entitled to benefits under workers’ compensation.
Under California workers’ compensation law, employees are entitled to prompt, effective medical treatment for injuries sustained while on the job. One particular advantage of workers’ compensation is that it is a no-fault system. This means that the employee may be entitled to benefits regardless of who caused the accident, even if he or she may have been at fault.
Although there are many advantages to workers’ compensation, not all claims are approved. A claim may be denied or delayed, due to an employer’s attempt to subvert the system and avoid paying a valid claim. In these situations, an employee may be wrongfully denied the benefits workers’ compensation has to offer. This is one reason including an experienced attorney may go a long way in greatly improving your ability to recover the financial benefits to which you are entitled.
A Los Angeles Workplace Injury Attorney with the Pacific Attorney Group is familiar with laws that determine premises liability and have a good understanding of what types of negligent acts led to the employee’s injury. At times these injuries can be serious and catastrophic, involving loss of a limb, being crushed by a heavy piece of equipment or machinery, electrocution, explosions, falling from a great height, or a broken neck /back from a severe slip or fall accident. Much of the these types of accident injuries are preventable with proper adherence to safety procedures and risk management; however, where human error is possible, there is still always a chance for an accident to happen.
Many jobsites in Los Angeles can be very dangerous. As a center for construction and constant evolution, the communities in Los Angeles are constantly being renovated, torn down and rebuilt. As such, many construction workers and other employees are faced with dangerous and difficult jobs in the area. However, injuries can be sustained in virtually any type of workplace accident imaginable. A falling object at a seemingly safe desk job can result in catastrophic injuries, including amputation (loss of limb), paralysis, or even wrongful death. If you or someone you love has suffered serious injuries such as amputation at their place of employment recently, immediately speak with a Los Angeles workers’ compensation lawyer from Pacific Attorney Group. Our legal team may be able to handle your claim if you reach us in a timely manner; you are only given a limited amount of time to file your claim per the law.
Filing a workers’ compensation claim is essential to recover the benefits to which you and your family may be entitled – particularly in the face of mounting medical bills and the difficulty of dealing with living expenses while unable to work. If you have any questions about workers’ comp claims or appeals, please do not hesitate to contact a Los Angeles workers’ comp attorney at our law offices for your free consultation.
How do you file a workers’ comp claim in Los Angeles? First and foremost, make sure you report the injury to your employer or supervisor as soon as possible. Taking action and reporting the incident or your injury immediately can help ensure that you receive benefits in a timely fashion. If you do not act within 30 days, you may lose your right to workers’ comp benefits. Seek medical care as soon as possible. Your employer may tell you where you can go, if you are unsure. The next step will be to fill out a workers’ compensation claim form and give it to your employer.
Knowing your rights as an injured worker can make a big difference in how your workers’ compensation claim is handled, as well as in the benefits you are able to receive. At Pacific Attorney Group, we offer a free initial consultation to discuss your case, and we will be happy to take the time to answer your questions and address any concerns you may have. A Los Angeles workers’ compensation attorney at our offices can complete an initial case review in order to assist you in getting a better understanding of what to expect. The California Department of Industrial Relations also has a great deal of helpful information regarding workers’ compensation for injured workers online.
As an employee in California, you have certain rights if you are injured on the job. Your employer is required to pay workers’ compensation benefits if your injury occurred while you were working or if you fell ill or were injured due to a dangerous condition (such as toxic exposure) at the workplace. Workers’ compensation is a no-fault program, meaning you may be entitled to benefits regardless of who was at fault in causing the accident. Even if you made a mistake or were careless in some way, your employer has the burden of providing workers’ compensation coverage.
As an injured worker, you may be entitled to the following benefits: medical care, temporary or permanent disability benefits, or rehabilitation or job displacement benefits. If you lost a loved one in a workplace accident, you may be able to receive benefits for your loss.
Workers’ Compensation benefits include, doctor’s visits, medicine and hospital fees which are reasonably necessary to cure or relieve pain from the injury. Furthermore, the injured party is reimbursed for travel to and from the doctor’s office. Many times the employer’s insurance company has a Medical Provider Network which requires the injured party to visit the doctors in that particular network.
Worker’s injuries sometimes require a Medical Examiner is to determine the amount of injury suffered. Sometimes the injured worker’s attorney and the insurance company can agree to utilize one doctor to examine the injured worker once she or he is permanent and stationary. Thereafter, the consulting physician prepares a detailed narrative report setting forth his or her opinion as to the nature and extent of any disability, the need for further medical care and the ability to return to work.
The injured worker due to injury suffered at work is unable to work for more than 3 days or be hospitalized, then is eligble to receive these benefits. This type of workers’ compensation benefit is paid at a certain percentage of the average weekly salary and it varies to when the injury occurred.
In Workers’ Compensation permanent disability benefit is available when an injury or condition results in some permanent impairment. It is also understood to mean the injury of the person has reached a level where it will stay the same. The amount is determined by a complex formula which reduces the disability as described by the doctor to a percentage and then raises or lowers that percentage depending on your age and occupation. Also taken into account are the severity of the injury and the lasting effect of your injury. Permanent disability is paid at different rates from different rates of injury and for different percentages of disability. If completely disabled for life you will receive your temporary disability rate for life.
For Permanent Disability the court requires the doctor to issue a final report when the injured worker is permanent and stationary. The report usually will include a statement of the disability. The doctor will give his opinion of whether the permanent disability prevents the injured worker from returning to work and opinion as to whether future medical care is needed.
Vocational Rehabilitation is available depending on the date the employee was injured. If the injury to the worker occurred before January 1, 2004, and if the injury or condition, by itself or together with some other condition, prevents the worker from returning to the kind of work he/she was doing when injured, then they are entitled to Vocational Rehabilitation Assistance. For example if your previous employment required you to lift heavy boxes, and now you are not able to lift heavy items, this program would be helpful.
Vocational Rehabilitation for injured workers offers a variety of training and placement assistance in a new field of work. It is common for your primary physician to recommend you to vocational rehabilitation, and then the law requires that you be paid for the period in the program. There is a $16,000 limit that the insurance company is required to pay for the vocational rehabilitation portion of the claim.
Person’s dependent for support or partial support on a deceased employee may be entitled to Death Benefits if the death was related to employment. It is not necessary that the death occur at work if the condition which caused the death is job related. For example, the deceased worker may have died several years after the initial injury at work.
Finding out that your loved one has suffered serious injuries at their place of work can be an emotionally devastating piece of information. However, when these injuries escalate to become life threatening and even take the life of your beloved family member, it is important that you understand your rights. Workers’ compensation benefits allow for compensation to individuals who have not only sustained work injuries, but also the family of the deceased as well. If your loved one has suffered fatal injuries or has passed away due to injuries sustained at their place of work in the past, immediately speak to the Los Angeles workers’ compensation lawyer from Pacific Attorney Group.
At our office, we have over three decades of experience that we can use to your advantage. Whether your loved one has fallen ill and eventually passed away due to this illness acquired at work or a serious injury has led to wrongful death, finding out your rights is crucial! When a family loses a loved one, they will not only be burdened with the grief and emotional trauma that comes with a death, but they will also be left with all of the medical expenses. If your loved one required extensive medical treatment before he or she passed away, you may be left with all of these bills on top of the funeral and burial costs. Call us today to learn how you can take advantage of the workers’ compensation benefits available for you.
Medical care within 24 hours up to $10,000.00; this has to be within one working day after you file a claim form, and the employer is supposed to authorize treatment.
Medical Provider Networks; the injured employee must use the medical provider network if one exists.
Changes in Apportionment; the percentage of liability by the insurance company based on the apportionment of the injury that was caused by the injury in work, from natural progression, or pre-existing injury.
New way of measuring permanent disability; the standard is how does your injury affect your ability to perform activities of daily living.
Treatment Guidelines; Insurance companies will have the right to refuse to authorize any treatment that does not fit into guidelines that were passed by the legislator.
No free choice of evaluating doctor No more vocational rehabilitation; this is for all injuries after 1/1/04.
Changes in penalty provisions; it used to be that an unreasonable delay penalty was 10% now a judge can award 25% of the delayed benefit or up to $10,000 whichever is less.
Two year cap; injuries occurring after 4/19/04 has a cap of 104 compensable weeks within a period of two years for the date of commencement of temporary payments, with an exception for a few serious injuries.
4660(a) In determining the percentages of permanent disability, account shall be taken of the nature of the physical injury or disfigurement, the occupation of the injured employee, and his or her age at the time of the injury, consideration being given to an employee’s diminished future earning capacity.
(b)(1) For purposes of this section, the “nature of the physical injury or disfigurement” shall incorporate the descriptions and measurements of physical impairments and the corresponding percentages of impairments published in the American Medical Association (AMA) Guides to the Evaluation of Permanent Impairment (5th Edition).
(2) For purposes of this section, an employee’s diminished future earning capacity shall be a numeric formula based on empirical data and findings that aggregate the average percentage of long-term loss of income resulting from each type of injury for similarly situated employees. The administrative director shall formulate the adjusted rating schedule based on empirical data and findings from the Evaluation of California’s Permanent Disability Rating Schedule, Interim Report (December 2003), prepared by the RAND Institute for Civil Justice, and upon data from additional empirical studies.
(c) The Administrative Director shall amend the schedule for the determination of the percentage of permanent disability in accordance with this section at least once every five years. This schedule shall be available for public inspection and, without formal introduction in evidence, shall be prima facie evidence of the percentage of permanent disability to be attributed to each injury covered by the schedule.
(d) The schedule shall promote consistency, uniformity, and objectivity. The schedule and any amendment thereto or revision thereof shall apply prospectively and shall apply to and govern only those permanent disabilities that result from compensable injuries received or occurring on and after the effective date of the adoption of the schedule, amendment or revision, as the fact may be. For compensable claims arising before January 1, 2005, the schedule as revised pursuant to changes made in legislation enacted during the 2003-04 Regular and Extraordinary Sessions shall apply to the determination of permanent disabilities when there has been either no comprehensive medical-legal report or no report by a treating physician indicating the existence of permanent disability, or when the employer is not required to provide the notice required by Section 4061 to the injured worker.
(e) On or before January 1, 2005, the administrative director shall adopt regulations to implement the changes made to this section by the act that added this subdivision.
Pursuant to this authority, the Administrative Director has adopted this revised Schedule for Rating Permanent Disabilities.
You are not required to work with a lawyer when filing a workers’ compensation claim in Los Angeles, and as such you may wonder why you should consider hiring legal counsel to help with your claim. On this page we have included some basic information as to why it may be beneficial to include a lawyer; if you are interested in finding out more about your particular claim we welcome you to call us or contact us online to set up a free initial case review.
Workers’ compensation claims may be complex, particularly when dealing with an employer or insurance company that is not willing to work with you and treat you fairly as they assess the value of your claim and pay out your benefits. A claim may be delayed or denied, and in these situations an employee may feel that they have no other options and no way to pay medical and living expenses while they are unable to work. An attorney can assist an injured worker by:
Conducting an initial assessment of the matter and your right to file a claim
Filing your workers’ compensation claim with your employer
Handling any and all communication with your employer or the appropriate insurance company
Putting pressure on the insurance company/your employer to ensure your claim is given the attention and fair treatment it deserves
Filing an appeal if your claim is denied
While you focus on recovering, your Los Angeles workers’ comp lawyer can work to focus on ensuring your rights are protected and that you have the opportunity to reap the many benefits that workers’ compensation has to offer.
False statements made by employees for the purpose to collect workers compensation benefits may lose their right to collect any benefits, even those they may have rightfully collected. Furthermore, the injured worker may have to pay back the insurance company or doctors.
Any employee who files a workers’ compensation claim runs the risk of being denied benefits. All Los Angeles workers’ comp claims are reviewed to determine their validity and the value of benefits which should be bestowed upon the injured worker, and this is valuable in the face of false claims that would otherwise take advantage of benefits that should be reserved for people who actually need them. Unfortunately, however, some employers and their insurance companies may try to take advantage of employees that do not have legal representation and may unfairly deny valid workers’ comp claims. At Pacific Attorney Group, we are dedicated to helping workers whose claims have been denied by asserting their rights and taking immediate legal action.
After a workers’ comp denial, an injured worker has the right to file an appeal. In these situations, it is highly recommended that you consult with an attorney experienced in handling these cases, as you may be able to reverse this decision. However, the insurance company or your employer may have attorneys of their own who may attempt to prove that your claim is invalid. Having a workers’ comp attorney to assert your rights as an injured worker may have a significant impact in the reversal of the denial and your ability to recover the benefits to which you are entitled.
If you received a notice of denial from your employer or your employer’s insurance company, you will need to act quickly to file an appeal and protect your right to workers’ comp benefits. This must be done within a certain amount of time, according to California state law. As a first course of action, the Information and Assistance Unit of the California Division of Workers’ Compensation may investigate the dispute and work to help resolve the matter without it going to the next step: litigation before the Workers’ Compensation Appeals Board.
If you applied for workers’ compensation following an accident, illness or injury at the workplace, and your claim was denied, you may have the right to file an appeal. Workers’ comp appeals are filed with the Workers’ Compensation Appeals Board in San Francisco, California. The worker whose claim was denied may file a petition for reconsideration with the Board in an attempt to still recover the benefits to which he or she may be entitled. The Division of Workers’ Compensation Information and Assistance Unit may also be involved, before a petition is filed to the Appeals Board, in an attempt to reduce litigation and resolve the matter without the Board’s help.
Not all workers’ compensation claims stem from accidents or injuries that occur while on the job. They may also relate to exposure at work, such as to toxic substances, mold, chemicals, radiation, or loud noises. In these situations, continued exposure or perhaps one incident involving a high concentration of exposure may lead to illness or injury. Asbestos exposure is an example of how a workers’ compensation claim may relate to exposure as opposed to a single incident or accident. Continued exposure to asbestos, which may occur in certain manufacturing or construction industries, may lead to mesothelioma or lung cancer, both potentially deadly medical conditions.
If you have been diagnosed with an illness that you believe is related to workplace exposure, or if you have been injured as a result of exposure to a toxic substance at work, do not wait to contact a Los Angeles workers’ compensation attorney at Pacific Attorney Group. We handle all types of workers’ comp claims throughout the greater Los Angeles area, and we will be happy to answer your questions and address your concerns during a free initial consultation and case review.
Our attorneys can take on virtually any type of case involving workplace exposure in Los Angeles, including:
If you are a Los Angeles worker who has been injured on the job, you may have numerous questions about your ability to recover benefits for medical care, job displacement or vocational rehabilitation, or a temporary or permanent disability. While we welcome you to contact a Los Angeles workers’ comp attorney at our offices for a free consultation, we have also included some resources we hope you will find helpful as you seek information about filing a claim and your rights as an injured worker:
Workers’ Compensation has two common types of settlements available to injured employees. First, Compromise and Release or second Stipulated Finding and Award.
In a Compromise and Release injured worker receive a settlement for a lump sum of money. While he releases his rights to any future benefits. This essentially closes the entire case and ending any future medical care. This type of settlement is usually possible if the injured worker is no longer employed by the employer where the injury occurred.
Stipulated Finding and Award, the parties agree to the same terms and settle the case based on those terms. This has the same effect as a judge’s descion. Once the injured worker decides which settlement avenue to take, a document is presented to the judge who reviews the documents and authorizes the settlement in order to make sure the settlement is reasonable.
When an accident happens at work, the injured employee has the right to recover financial compensation by way of a workers’ compensation claim. California employers are required by law to pay workers’ compensation benefits to employees injured in workplace accidents, even if the employee was at fault in causing the accident in the first place. The only exception may be if the employee was intoxicated or under the influence of drugs.
At Pacific Attorney Group, we represent employees injured in workplace accidents throughout the Los Angeles areas. We take on cases involving such incidents as:
Although many people may associate workplace accidents with the construction industry or other fields dealing with heavy equipment and physical labor, an on-the-job accident or injury may occur in virtually any industry. Whether you work in a desk at an office or are a construction worker, you may have the right to workers’ compensation benefits under California law. By discussing your particular case with a skilled workers’ compensation lawyer, you can learn more about your rights and what you can do at this point to recover the money you need for medical care, and more.
Accidents involving electrocution can be quite serious, leaving a person with severe injuries such as nerve damage, paralysis, brain damage, burns and even death. If you or a loved one has suffered an electrocution accident in the workplace, you may be entitled to workers’ compensation benefits for your medical treatment and lost wages. For families who have lost a loved one in an electrocution accident, you may be entitled to compensation for the death of your family member. A Los Angeles workers’ compensation attorney can evaluate the circumstances surrounding your accident to determine what types of benefits and compensation you may be entitled to.
These accidents can cause severe burns that may take many surgeries to attempt to resolve; many cases result in death. When safety procedures are not carefully followed by an employer, the individuals employed at the worksite face extreme hazard. Any electrical accident must be carefully evaluated to determine how the accident occurred and what parties are liable in the case.
Employees who work with high power lines or electrical circuits can become injured during normal work duties. An electrical utility worker, telephone installer, electrician or cable man can all be subject to be exposed to electrical wires and circuits which can cause electrocution. At the Pacific Attorney Group, we understand what an emotional time this is for you and your family. Our firm will provide you with caring and compassionate legal counsel who will ensure you receive the medical treatment you need to recover from your serious injuries.
When you work with equipment and machinery in the workplace, it can occur that the equipment malfunctions in some manner, either through poor maintenance, a design flaw or operator error. Regardless of the reason, if you have been injured in an equipment malfunction while at work, you may be entitled to workers’ compensation benefits. A Los Angeles workers’ compensation attorney from the Pacific Attorney Group can meet with you to determine the facts of the accident that caused your injury and provide you with the legal options you may have.
In cases of equipment malfunction due to poor design or a defective part, you may also be able to file a personal injury claim against a third party, the manufacturer of the equipment. If it can be shown that there was something wrong with the design or operation of the machinery due to their failure to properly design the equipment, compensation for medical costs, lost wages and pain and suffering may be allowed.
Although not common, explosions in the workplace do occur and when they do, they can be catastrophic incidents that cause severe injuries to those involved. If you or a loved one has been injured in an explosion at work, contact a Los Angeles workers’ compensation lawyer immediately to find out what you need to do to ensure you obtain the maximum compensation you are entitled to.
Explosions can occur in jobs such as underground cable repair, where toxic fumes may accumulate, factories where gases and other chemicals are used and even in smaller work locations using certain types of compressed gas or other chemicals. An explosion will usually cause a great deal of damage to the surroundings, including injuries such as burns, lacerations, fractures, injuries to the neck, back and spine and can even result in death. When you have been the victim of an explosion in the workplace, contact the experienced and caring attorneys at Pacific Attorney Group, who can help you present your claim to your employer.
Work related accidents occur every day, resulting in serious injuries to employees. In California our employees are protected from injuries by workers’ compensation laws. If you or a loved one has been injured in a work related accident resulting from a falling object, contact a Los Angeles workers’ compensation lawyer to discuss your case and find out all of the potential benefits you are entitled to when injured on the job.
Although it may appear that being injured by a falling object at work may occur mainly in a construction type job, in actuality this type of accident can occur in any type of work location. An office worker can be struck by something falling off a shelf, a warehouse worker could be injured if improper stacking of merchandise on a high shelf came down on them, or a utility worker could have equipment fall on them while working on cables or wires. Depending on the size of the object, this type of accident could cause serious injuries to the head and neck, or even broken bones. These injuries could lead to extensive medical treatment and disability, resulting in your not being able to work for some time.
An injury on the job is never easy to deal with, especially if you become disabled and cannot work for a period of time. Fortunately for those in California, workers’ compensation laws protect you and provide you with certain benefits when you are injured on the job. A Los Angeles workers’ compensation attorney can provide you with all the information you need regarding what types of benefits you may be entitled to.
When injured in a scaffolding accident, you may suffer serious injuries from a fall or sudden collapse of the scaffolding. As many construction jobs such as painters, roofers and window washers use scaffolding, there are many risks that can occur when working with this type of equipment. Scaffolding can be assembled incorrectly, causing it to be unstable or collapse. It can be poorly maintained, which could result in some of the boards breaking and causing falls. If you or a loved one has been injured in a work related scaffolding accident, a workers’ compensation lawyer can assist you in ensuring your claim for benefits is handled appropriately and that you receive all benefits allowed.
Workers’ compensation is viewed as the employer’s responsibility for these injuries and illnesses even if they are not at fault, but they no longer have to worry about being sued personally in court. In many situations, employees have legal rights and remedies in response to adverse employer actions, such as being fired after complete medical recovery.
Common form of retaliatory discharge is unjustly firing. This occurs when an employee makes a claim of workers’ compensation. In this situation it is improper for the employer in retaliation to discharge the employer. Some other examples of Employer retaliation are; unjustifiably poor performance review, failure to promote, demotion, interference with the workers’ compensation claims process, refusal to rehire, and many more scenarios.
A legal remedy may be avaiable for employees whose employers have retaliated against them for taking workers’ compensation action. Depending on the types of damages and degree of action employers have taken, employee’s may be able to seek remedies in this situation.
When a Los Angeles worker is injured on the job, he or she may have the right to file a workers’ compensation claim in order to seek benefits while he or she is unable to work. Workers’ compensation is the nation’s oldest social insurance program. It was adopted in most states, including in California, during the 1920s. One of the many advantages of workers’ comp is that it is a no-fault system, meaning you do not have to prove that the incident was another person’s fault in order to seek benefits.
If you were injured at work, it is important to consider involving an attorney. Although workers’ compensation benefits are in place to protect workers just like you who have been injured on the job, situations may arise where the employer will attempt to subvert these laws and fail to provide sufficient financial compensation to their employees who have been injured or disabled, or who have lost their lives. In these cases, having a competent Los Angeles workers’ compensation lawyer at your side may make a significant difference in your ability to recover the benefits to which you are entitled.
At Accident Lawyers, our attorneys are dedicated to helping Los Angeles employees with their workers’ compensation claims and appeals. We understand that you or a loved one has already been injured and that dealing with a legal matter of this kind may be the last thing on your mind. However, we also know that your ability to recover full workers’ comp benefits may make a difference in your ability to pay for all of your medical care and your family’s expenses while you are out of work. With over 35 years of collective attorney experience and the resources to handle your case effectively and efficiently, the attorneys at our law firm are here to help you secure the benefits you deserve.
If you are interested in learning more about workers’ compensation benefits and your rights in regard to this, do not hesitate to call a lawyer at our firm or contact us online for your free workers’ comp case evaluation. We also have pages of basic information dedicated to related topics, including:
Accidents and on-the-job exposure – we handle virtually all types of accident, injury, illness and wrongful death claims related to the workplace or the duties surrounding one’s job. This includes occupational diseases, repetitive motion injuries and any type of accident at work.
Workers’ comp denials – if your claim was denied, we can help you file a workers’ comp appeal to seek the benefits that are rightfully yours. An attorney can also help if you are wrongfully terminated by your employer because you were injured or filed a workers’ compensation claim.
The rights of injured workers – our team is committed to protecting workers’ rights in and around Los Angeles and all of Southern California. We will fight to protect your legal rights to help you seek a fair case result.
How to file for workers’ compensation – you can find out what steps to take if you have been injured at work or while performing the duties associated with your job. You will need to inform your employer and will need to take other steps to make sure your right to compensation is not jeopardized in any way.
The benefits of workers compensation – there are a number of advantages that the workers’ compensation system offers injured workers, and our goal is to help you experience all of these to the fullest extent as we handle your claim.
Feel free to review all of the pages on this site to get the information you need, or contact a Los Angeles workers’ comp attorney at Accident Lawyers for your free consultation.
There are many advantages to workers’ compensation. Under California law, employers are required to pay for workers’ compensation benefits for their employees for on-the-job accidents and injuries, as well as illnesses caused by workplace exposure. These benefits may include money for medical care, temporary or permanent disability, and job displacement or rehabilitation. A family that has lost a loved one in a workplace accident may also be entitled to benefits under workers’ compensation.
Under California workers’ compensation law, employees are entitled to prompt, effective medical treatment for injuries sustained while on the job. One particular advantage of workers’ compensation is that it is a no-fault system. This means that the employee may be entitled to benefits regardless of who caused the accident, even if he or she may have been at fault.
Although there are many advantages to workers’ compensation, not all claims are approved. A claim may be denied or delayed, due to an employer’s attempt to subvert the system and avoid paying a valid claim. In these situations, an employee may be wrongfully denied the benefits workers’ compensation has to offer. This is one reason including an experienced attorney may go a long way in greatly improving your ability to recover the financial benefits to which you are entitled.
A Los Angeles Workplace Injury Attorney with the Pacific Attorney Group is familiar with laws that determine premises liability and have a good understanding of what types of negligent acts led to the employee’s injury. At times these injuries can be serious and catastrophic, involving loss of a limb, being crushed by a heavy piece of equipment or machinery, electrocution, explosions, falling from a great height, or a broken neck /back from a severe slip or fall accident. Much of the these types of accident injuries are preventable with proper adherence to safety procedures and risk management; however, where human error is possible, there is still always a chance for an accident to happen.
Many jobsites in Los Angeles can be very dangerous. As a center for construction and constant evolution, the communities in Los Angeles are constantly being renovated, torn down and rebuilt. As such, many construction workers and other employees are faced with dangerous and difficult jobs in the area. However, injuries can be sustained in virtually any type of workplace accident imaginable. A falling object at a seemingly safe desk job can result in catastrophic injuries, including amputation (loss of limb), paralysis, or even wrongful death. If you or someone you love has suffered serious injuries such as amputation at their place of employment recently, immediately speak with a Los Angeles workers’ compensation lawyer from Pacific Attorney Group. Our legal team may be able to handle your claim if you reach us in a timely manner; you are only given a limited amount of time to file your claim per the law.
Filing a workers’ compensation claim is essential to recover the benefits to which you and your family may be entitled – particularly in the face of mounting medical bills and the difficulty of dealing with living expenses while unable to work. If you have any questions about workers’ comp claims or appeals, please do not hesitate to contact a Los Angeles workers’ comp attorney at our law offices for your free consultation.
How do you file a workers’ comp claim in Los Angeles? First and foremost, make sure you report the injury to your employer or supervisor as soon as possible. Taking action and reporting the incident or your injury immediately can help ensure that you receive benefits in a timely fashion. If you do not act within 30 days, you may lose your right to workers’ comp benefits. Seek medical care as soon as possible. Your employer may tell you where you can go, if you are unsure. The next step will be to fill out a workers’ compensation claim form and give it to your employer.
Knowing your rights as an injured worker can make a big difference in how your workers’ compensation claim is handled, as well as in the benefits you are able to receive. At Pacific Attorney Group, we offer a free initial consultation to discuss your case, and we will be happy to take the time to answer your questions and address any concerns you may have. A Los Angeles workers’ compensation attorney at our offices can complete an initial case review in order to assist you in getting a better understanding of what to expect. The California Department of Industrial Relations also has a great deal of helpful information regarding workers’ compensation for injured workers online.
As an employee in California, you have certain rights if you are injured on the job. Your employer is required to pay workers’ compensation benefits if your injury occurred while you were working or if you fell ill or were injured due to a dangerous condition (such as toxic exposure) at the workplace. Workers’ compensation is a no-fault program, meaning you may be entitled to benefits regardless of who was at fault in causing the accident. Even if you made a mistake or were careless in some way, your employer has the burden of providing workers’ compensation coverage.
As an injured worker, you may be entitled to the following benefits: medical care, temporary or permanent disability benefits, or rehabilitation or job displacement benefits. If you lost a loved one in a workplace accident, you may be able to receive benefits for your loss.
Workers’ Compensation benefits include, doctor’s visits, medicine and hospital fees which are reasonably necessary to cure or relieve pain from the injury. Furthermore, the injured party is reimbursed for travel to and from the doctor’s office. Many times the employer’s insurance company has a Medical Provider Network which requires the injured party to visit the doctors in that particular network.
Worker’s injuries sometimes require a Medical Examiner is to determine the amount of injury suffered. Sometimes the injured worker’s attorney and the insurance company can agree to utilize one doctor to examine the injured worker once she or he is permanent and stationary. Thereafter, the consulting physician prepares a detailed narrative report setting forth his or her opinion as to the nature and extent of any disability, the need for further medical care and the ability to return to work.
The injured worker due to injury suffered at work is unable to work for more than 3 days or be hospitalized, then is eligble to receive these benefits. This type of workers’ compensation benefit is paid at a certain percentage of the average weekly salary and it varies to when the injury occurred.
In Workers’ Compensation permanent disability benefit is available when an injury or condition results in some permanent impairment. It is also understood to mean the injury of the person has reached a level where it will stay the same. The amount is determined by a complex formula which reduces the disability as described by the doctor to a percentage and then raises or lowers that percentage depending on your age and occupation. Also taken into account are the severity of the injury and the lasting effect of your injury. Permanent disability is paid at different rates from different rates of injury and for different percentages of disability. If completely disabled for life you will receive your temporary disability rate for life.
For Permanent Disability the court requires the doctor to issue a final report when the injured worker is permanent and stationary. The report usually will include a statement of the disability. The doctor will give his opinion of whether the permanent disability prevents the injured worker from returning to work and opinion as to whether future medical care is needed.
Vocational Rehabilitation is available depending on the date the employee was injured. If the injury to the worker occurred before January 1, 2004, and if the injury or condition, by itself or together with some other condition, prevents the worker from returning to the kind of work he/she was doing when injured, then they are entitled to Vocational Rehabilitation Assistance. For example if your previous employment required you to lift heavy boxes, and now you are not able to lift heavy items, this program would be helpful.
Vocational Rehabilitation for injured workers offers a variety of training and placement assistance in a new field of work. It is common for your primary physician to recommend you to vocational rehabilitation, and then the law requires that you be paid for the period in the program. There is a $16,000 limit that the insurance company is required to pay for the vocational rehabilitation portion of the claim.
Person’s dependent for support or partial support on a deceased employee may be entitled to Death Benefits if the death was related to employment. It is not necessary that the death occur at work if the condition which caused the death is job related. For example, the deceased worker may have died several years after the initial injury at work.
Finding out that your loved one has suffered serious injuries at their place of work can be an emotionally devastating piece of information. However, when these injuries escalate to become life threatening and even take the life of your beloved family member, it is important that you understand your rights. Workers’ compensation benefits allow for compensation to individuals who have not only sustained work injuries, but also the family of the deceased as well. If your loved one has suffered fatal injuries or has passed away due to injuries sustained at their place of work in the past, immediately speak to the Los Angeles workers’ compensation lawyer from Pacific Attorney Group.
At our office, we have over three decades of experience that we can use to your advantage. Whether your loved one has fallen ill and eventually passed away due to this illness acquired at work or a serious injury has led to wrongful death, finding out your rights is crucial! When a family loses a loved one, they will not only be burdened with the grief and emotional trauma that comes with a death, but they will also be left with all of the medical expenses. If your loved one required extensive medical treatment before he or she passed away, you may be left with all of these bills on top of the funeral and burial costs. Call us today to learn how you can take advantage of the workers’ compensation benefits available for you.
Medical care within 24 hours up to $10,000.00; this has to be within one working day after you file a claim form, and the employer is supposed to authorize treatment.
Medical Provider Networks; the injured employee must use the medical provider network if one exists.
Changes in Apportionment; the percentage of liability by the insurance company based on the apportionment of the injury that was caused by the injury in work, from natural progression, or pre-existing injury.
New way of measuring permanent disability; the standard is how does your injury affect your ability to perform activities of daily living.
Treatment Guidelines; Insurance companies will have the right to refuse to authorize any treatment that does not fit into guidelines that were passed by the legislator.
No free choice of evaluating doctor No more vocational rehabilitation; this is for all injuries after 1/1/04.
Changes in penalty provisions; it used to be that an unreasonable delay penalty was 10% now a judge can award 25% of the delayed benefit or up to $10,000 whichever is less.
Two year cap; injuries occurring after 4/19/04 has a cap of 104 compensable weeks within a period of two years for the date of commencement of temporary payments, with an exception for a few serious injuries.
4660(a) In determining the percentages of permanent disability, account shall be taken of the nature of the physical injury or disfigurement, the occupation of the injured employee, and his or her age at the time of the injury, consideration being given to an employee’s diminished future earning capacity.
(b)(1) For purposes of this section, the “nature of the physical injury or disfigurement” shall incorporate the descriptions and measurements of physical impairments and the corresponding percentages of impairments published in the American Medical Association (AMA) Guides to the Evaluation of Permanent Impairment (5th Edition).
(2) For purposes of this section, an employee’s diminished future earning capacity shall be a numeric formula based on empirical data and findings that aggregate the average percentage of long-term loss of income resulting from each type of injury for similarly situated employees. The administrative director shall formulate the adjusted rating schedule based on empirical data and findings from the Evaluation of California’s Permanent Disability Rating Schedule, Interim Report (December 2003), prepared by the RAND Institute for Civil Justice, and upon data from additional empirical studies.
(c) The Administrative Director shall amend the schedule for the determination of the percentage of permanent disability in accordance with this section at least once every five years. This schedule shall be available for public inspection and, without formal introduction in evidence, shall be prima facie evidence of the percentage of permanent disability to be attributed to each injury covered by the schedule.
(d) The schedule shall promote consistency, uniformity, and objectivity. The schedule and any amendment thereto or revision thereof shall apply prospectively and shall apply to and govern only those permanent disabilities that result from compensable injuries received or occurring on and after the effective date of the adoption of the schedule, amendment or revision, as the fact may be. For compensable claims arising before January 1, 2005, the schedule as revised pursuant to changes made in legislation enacted during the 2003-04 Regular and Extraordinary Sessions shall apply to the determination of permanent disabilities when there has been either no comprehensive medical-legal report or no report by a treating physician indicating the existence of permanent disability, or when the employer is not required to provide the notice required by Section 4061 to the injured worker.
(e) On or before January 1, 2005, the administrative director shall adopt regulations to implement the changes made to this section by the act that added this subdivision.
Pursuant to this authority, the Administrative Director has adopted this revised Schedule for Rating Permanent Disabilities.
You are not required to work with a lawyer when filing a workers’ compensation claim in Los Angeles, and as such you may wonder why you should consider hiring legal counsel to help with your claim. On this page we have included some basic information as to why it may be beneficial to include a lawyer; if you are interested in finding out more about your particular claim we welcome you to call us or contact us online to set up a free initial case review.
Workers’ compensation claims may be complex, particularly when dealing with an employer or insurance company that is not willing to work with you and treat you fairly as they assess the value of your claim and pay out your benefits. A claim may be delayed or denied, and in these situations an employee may feel that they have no other options and no way to pay medical and living expenses while they are unable to work. An attorney can assist an injured worker by:
Conducting an initial assessment of the matter and your right to file a claim
Filing your workers’ compensation claim with your employer
Handling any and all communication with your employer or the appropriate insurance company
Putting pressure on the insurance company/your employer to ensure your claim is given the attention and fair treatment it deserves
Filing an appeal if your claim is denied
While you focus on recovering, your Los Angeles workers’ comp lawyer can work to focus on ensuring your rights are protected and that you have the opportunity to reap the many benefits that workers’ compensation has to offer.
False statements made by employees for the purpose to collect workers compensation benefits may lose their right to collect any benefits, even those they may have rightfully collected. Furthermore, the injured worker may have to pay back the insurance company or doctors.
Any employee who files a workers’ compensation claim runs the risk of being denied benefits. All Los Angeles workers’ comp claims are reviewed to determine their validity and the value of benefits which should be bestowed upon the injured worker, and this is valuable in the face of false claims that would otherwise take advantage of benefits that should be reserved for people who actually need them. Unfortunately, however, some employers and their insurance companies may try to take advantage of employees that do not have legal representation and may unfairly deny valid workers’ comp claims. At Pacific Attorney Group, we are dedicated to helping workers whose claims have been denied by asserting their rights and taking immediate legal action.
After a workers’ comp denial, an injured worker has the right to file an appeal. In these situations, it is highly recommended that you consult with an attorney experienced in handling these cases, as you may be able to reverse this decision. However, the insurance company or your employer may have attorneys of their own who may attempt to prove that your claim is invalid. Having a workers’ comp attorney to assert your rights as an injured worker may have a significant impact in the reversal of the denial and your ability to recover the benefits to which you are entitled.
If you received a notice of denial from your employer or your employer’s insurance company, you will need to act quickly to file an appeal and protect your right to workers’ comp benefits. This must be done within a certain amount of time, according to California state law. As a first course of action, the Information and Assistance Unit of the California Division of Workers’ Compensation may investigate the dispute and work to help resolve the matter without it going to the next step: litigation before the Workers’ Compensation Appeals Board.
If you applied for workers’ compensation following an accident, illness or injury at the workplace, and your claim was denied, you may have the right to file an appeal. Workers’ comp appeals are filed with the Workers’ Compensation Appeals Board in San Francisco, California. The worker whose claim was denied may file a petition for reconsideration with the Board in an attempt to still recover the benefits to which he or she may be entitled. The Division of Workers’ Compensation Information and Assistance Unit may also be involved, before a petition is filed to the Appeals Board, in an attempt to reduce litigation and resolve the matter without the Board’s help.
Not all workers’ compensation claims stem from accidents or injuries that occur while on the job. They may also relate to exposure at work, such as to toxic substances, mold, chemicals, radiation, or loud noises. In these situations, continued exposure or perhaps one incident involving a high concentration of exposure may lead to illness or injury. Asbestos exposure is an example of how a workers’ compensation claim may relate to exposure as opposed to a single incident or accident. Continued exposure to asbestos, which may occur in certain manufacturing or construction industries, may lead to mesothelioma or lung cancer, both potentially deadly medical conditions.
If you have been diagnosed with an illness that you believe is related to workplace exposure, or if you have been injured as a result of exposure to a toxic substance at work, do not wait to contact a Los Angeles workers’ compensation attorney at Pacific Attorney Group. We handle all types of workers’ comp claims throughout the greater Los Angeles area, and we will be happy to answer your questions and address your concerns during a free initial consultation and case review.
Our attorneys can take on virtually any type of case involving workplace exposure in Los Angeles, including:
If you are a Los Angeles worker who has been injured on the job, you may have numerous questions about your ability to recover benefits for medical care, job displacement or vocational rehabilitation, or a temporary or permanent disability. While we welcome you to contact a Los Angeles workers’ comp attorney at our offices for a free consultation, we have also included some resources we hope you will find helpful as you seek information about filing a claim and your rights as an injured worker:
Workers’ Compensation has two common types of settlements available to injured employees. First, Compromise and Release or second Stipulated Finding and Award.
In a Compromise and Release injured worker receive a settlement for a lump sum of money. While he releases his rights to any future benefits. This essentially closes the entire case and ending any future medical care. This type of settlement is usually possible if the injured worker is no longer employed by the employer where the injury occurred.
Stipulated Finding and Award, the parties agree to the same terms and settle the case based on those terms. This has the same effect as a judge’s descion. Once the injured worker decides which settlement avenue to take, a document is presented to the judge who reviews the documents and authorizes the settlement in order to make sure the settlement is reasonable.
When an accident happens at work, the injured employee has the right to recover financial compensation by way of a workers’ compensation claim. California employers are required by law to pay workers’ compensation benefits to employees injured in workplace accidents, even if the employee was at fault in causing the accident in the first place. The only exception may be if the employee was intoxicated or under the influence of drugs.
At Pacific Attorney Group, we represent employees injured in workplace accidents throughout the Los Angeles areas. We take on cases involving such incidents as:
Although many people may associate workplace accidents with the construction industry or other fields dealing with heavy equipment and physical labor, an on-the-job accident or injury may occur in virtually any industry. Whether you work in a desk at an office or are a construction worker, you may have the right to workers’ compensation benefits under California law. By discussing your particular case with a skilled workers’ compensation lawyer, you can learn more about your rights and what you can do at this point to recover the money you need for medical care, and more.
Accidents involving electrocution can be quite serious, leaving a person with severe injuries such as nerve damage, paralysis, brain damage, burns and even death. If you or a loved one has suffered an electrocution accident in the workplace, you may be entitled to workers’ compensation benefits for your medical treatment and lost wages. For families who have lost a loved one in an electrocution accident, you may be entitled to compensation for the death of your family member. A Los Angeles workers’ compensation attorney can evaluate the circumstances surrounding your accident to determine what types of benefits and compensation you may be entitled to.
These accidents can cause severe burns that may take many surgeries to attempt to resolve; many cases result in death. When safety procedures are not carefully followed by an employer, the individuals employed at the worksite face extreme hazard. Any electrical accident must be carefully evaluated to determine how the accident occurred and what parties are liable in the case.
Employees who work with high power lines or electrical circuits can become injured during normal work duties. An electrical utility worker, telephone installer, electrician or cable man can all be subject to be exposed to electrical wires and circuits which can cause electrocution. At the Pacific Attorney Group, we understand what an emotional time this is for you and your family. Our firm will provide you with caring and compassionate legal counsel who will ensure you receive the medical treatment you need to recover from your serious injuries.
When you work with equipment and machinery in the workplace, it can occur that the equipment malfunctions in some manner, either through poor maintenance, a design flaw or operator error. Regardless of the reason, if you have been injured in an equipment malfunction while at work, you may be entitled to workers’ compensation benefits. A Los Angeles workers’ compensation attorney from the Pacific Attorney Group can meet with you to determine the facts of the accident that caused your injury and provide you with the legal options you may have.
In cases of equipment malfunction due to poor design or a defective part, you may also be able to file a personal injury claim against a third party, the manufacturer of the equipment. If it can be shown that there was something wrong with the design or operation of the machinery due to their failure to properly design the equipment, compensation for medical costs, lost wages and pain and suffering may be allowed.
Although not common, explosions in the workplace do occur and when they do, they can be catastrophic incidents that cause severe injuries to those involved. If you or a loved one has been injured in an explosion at work, contact a Los Angeles workers’ compensation lawyer immediately to find out what you need to do to ensure you obtain the maximum compensation you are entitled to.
Explosions can occur in jobs such as underground cable repair, where toxic fumes may accumulate, factories where gases and other chemicals are used and even in smaller work locations using certain types of compressed gas or other chemicals. An explosion will usually cause a great deal of damage to the surroundings, including injuries such as burns, lacerations, fractures, injuries to the neck, back and spine and can even result in death. When you have been the victim of an explosion in the workplace, contact the experienced and caring attorneys at Pacific Attorney Group, who can help you present your claim to your employer.
Work related accidents occur every day, resulting in serious injuries to employees. In California our employees are protected from injuries by workers’ compensation laws. If you or a loved one has been injured in a work related accident resulting from a falling object, contact a Los Angeles workers’ compensation lawyer to discuss your case and find out all of the potential benefits you are entitled to when injured on the job.
Although it may appear that being injured by a falling object at work may occur mainly in a construction type job, in actuality this type of accident can occur in any type of work location. An office worker can be struck by something falling off a shelf, a warehouse worker could be injured if improper stacking of merchandise on a high shelf came down on them, or a utility worker could have equipment fall on them while working on cables or wires. Depending on the size of the object, this type of accident could cause serious injuries to the head and neck, or even broken bones. These injuries could lead to extensive medical treatment and disability, resulting in your not being able to work for some time.
An injury on the job is never easy to deal with, especially if you become disabled and cannot work for a period of time. Fortunately for those in California, workers’ compensation laws protect you and provide you with certain benefits when you are injured on the job. A Los Angeles workers’ compensation attorney can provide you with all the information you need regarding what types of benefits you may be entitled to.
When injured in a scaffolding accident, you may suffer serious injuries from a fall or sudden collapse of the scaffolding. As many construction jobs such as painters, roofers and window washers use scaffolding, there are many risks that can occur when working with this type of equipment. Scaffolding can be assembled incorrectly, causing it to be unstable or collapse. It can be poorly maintained, which could result in some of the boards breaking and causing falls. If you or a loved one has been injured in a work related scaffolding accident, a workers’ compensation lawyer can assist you in ensuring your claim for benefits is handled appropriately and that you receive all benefits allowed.
Workers’ compensation is viewed as the employer’s responsibility for these injuries and illnesses even if they are not at fault, but they no longer have to worry about being sued personally in court. In many situations, employees have legal rights and remedies in response to adverse employer actions, such as being fired after complete medical recovery.
Common form of retaliatory discharge is unjustly firing. This occurs when an employee makes a claim of workers’ compensation. In this situation it is improper for the employer in retaliation to discharge the employer. Some other examples of Employer retaliation are; unjustifiably poor performance review, failure to promote, demotion, interference with the workers’ compensation claims process, refusal to rehire, and many more scenarios.
A legal remedy may be avaiable for employees whose employers have retaliated against them for taking workers’ compensation action. Depending on the types of damages and degree of action employers have taken, employee’s may be able to seek remedies in this situation.
Yes your employer is required by law to pay for workers’ compensation insurance. The basic benefits that workers’ compensation insurance provides are; medical care, temporary disability benefits, permanent disability benefits, supplemental job displacement benefits or vocational rehabilitation and death benefits.
You are still eligible to receive workers’ compensation. California requires that workers’ compensation is a no-fault system, which means you do not need to prove your injury was someone else’s fault in order to receive benefits.
Injured employees are entitled to receive prompt medical treatment. In exchange the injured worker cannot directly sue their employer.
Workers’ compensation is usually the only legal remedy. This is because there is a compromise made between employee and employer; the injured employee can easily receives treatment and benefits for the injury but in return cannot sue the employer individually. This reduces tension in the workplace by creating a predictable method for resolving employer-employee conflict.
However, some exceptions exist which allow alternative legal remedies. If the employer acted intentionally which caused the injury to the employee, then the employer may be sued personally. Other times when the employer acted maliciously and that action caused the workplace injury, then additional legal remedies are available.
Many times the employer’s insurance company has a Medical Provider Network which requires the injured party to visit the doctors in that particular network. The injured worker will then choose from a list of approved providers and receive treatment from them.
There is typically a review agency or appeals board that can review the decision.
If there is no recovery there is no attorney fee. The attorney receives a percentage of the settlement or award at the end of the case. If a person chooses to be represented by an attorney, the attorney fees will be deducted from the settlement at the end. The fee has to be approved by the Workers’ Compensation Appeals Board.
It would be wise to not completely rely on what that doctor is concluding your medical conditions are. Seeking a second independent opinion is a good alternative to verify the previous doctor’s medical conclusions.
Any injury caused by your employment even if discovered after the actual injury occurred is actionable. Many injuries develop not from one single event but over time and deteriorate your condition.
No. If your employer decides not to employ you after the claim is file and full recovery from injury, you may have another legal claim against them.
Yes. An experienced attorney will not allow the insurance company to withhold benefits from you or allow them to take advantage of you.
