When Hiring a Los Angeles Workers’ Compensation Lawyer Is a MUST
While injured employees are legally entitled to these work comp benefits, securing them can be challenging. Here are the most common circumstances that prompt hiring a Los Angeles workers’ compensation lawyer.
Workers’ Compensation Benefits Have Not Been Approved
Workers’ compensation insurance is state-mandated, providing financial and medical support to employees who were injured or became ill due to their job duties. These policies protect the well-being of injured workers by covering essential expenses during their recovery, and it is illegal to deny them these benefits.
Insurance companies may sometimes question the validity of workers’ compensation claims, especially if the claim will significantly affect their bottom line. In other instances, employers may dispute whether the alleged workplace injury or illness is truly work-related.
Such reluctance is detrimental to employees because they also postpone medical treatment and the ability to take time off of work to heal from injuries.
Workers’ compensation benefits are a legal right for injured workers.
If a workers’ compensation claim is challenged, it is crucial to seek legal assistance from California workers’ compensation lawyers. The law firm will review the workers’ compensation case, confirm all benefits, and ensure injured employees are properly cared for.
Workers’ Compensation Benefits Have Not Been Received
Workers’ compensation benefits do not just include medical treatment. Additionally, a work-related injury that prevents employees from returning to work qualifies them for loss of earnings.
Workers’ compensation benefits are essential for maintaining financial stability after an accident, available in two forms:
- Temporary Disability Benefits: This form provides a portion of lost wages if the injury prevents the employee from working entirely. It is designed to offer temporary financial support while recovering.
- Permanent Disability Benefits: If an injury results in a lasting impairment that affects the ability to earn a living, permanent disability benefits may be available. This is long-term and can help support a level of financial security.
Unfortunately, some benefits are denied. However, a dedicated legal team with experience managing similar cases can confirm eligibility and take the necessary actions to secure the appropriate financial support injured workers deserve.
Would Like to File an Appeal
Even if a workers’ compensation claim is initially denied, that decision can be appealed. In California, the Workers’ Compensation Appeals Board (WCAB) allows injured workers to present their cases before a judge for reconsideration.
However, the appeals process with the insurance company is complex. An experienced workers’ compensation attorney will simplify this process by providing the following benefits:
- Obtain and present evidence: Collect and organize all the necessary evidence to support and strengthen the workers’ compensation claim for approval
- Trial preparation and representation: Guidance through preparation for the WCAB hearing and ensuring the employee’s voice is heard effectively
- Present compelling argument: Build a convincing argument, clearly demonstrating how the work-related accident impacted health and ability to work
The Employer Did Not Report the Injury
California workers’ compensation laws mandate that injured employees immediately notify their employer about a workplace accident. The employer is then responsible for providing a workers’ compensation claim form and submitting it, along with a report of the injury, to their insurance carrier.
Failure by an employer to report a work-related injury is concerning, and it also raises questions about how much the establishment values employee safety.
There may be several reasons for this lapse, such as fearing citations for safety violations, inadequate insurance coverage, or attempting to avoid paying benefits. Regardless of the reason, failure to comply with California’s workers’ compensation laws is illegal.
If it is suspected that an employer is deliberately withholding a work-related injury report, seek guidance from an experienced Los Angeles workers’ compensation attorney.
Experiencing Employer Retaliation
Filing a workers’ compensation claim is a legal right, and employers are legally prohibited from retaliating against employees who exercise this right. Retaliatory actions can include termination, unfair treatment, or other forms of discrimination.
Employers found guilty of retaliation face significant consequences, including fines and lawsuits. A Los Angeles workers’ compensation attorney can help offer their assistance in the following ways:
- Prove acts of retaliation: Assistance documenting any instances of retaliation, such as emails, performance reviews, or witness statements regarding changes in the work environment or treatment
- File complaint: Guidance through the process of filing a formal complaint with the Department of Fair Employment and Housing (DFEH)
- Pursue legal action: File a lawsuit to seek maximum compensation for emotional distress, lost wages, and other damages
Do Not Agree With the Assigned Doctor’s Treatment Plan or Diagnosis
In some cases, workers’ compensation benefits may involve treatment through a Medical Provider Network (MPN). The employer or their insurance carrier establishes this network, offering a limited selection of healthcare providers.
While MPNs aim to streamline care, injured workers may sometimes be dissatisfied with the assigned doctor’s diagnosis, treatment plan, or overall communication style. It’s important to work with the right physician to ensure a proper recovery.
An attorney can explain employees’ options within or outside their MPN and explore the possibility of requesting a referral for a suitable doctor specializing in a specific injury.
Another important aspect to consider is the advocacy of a medical provider. Working with a workers’ compensation attorney can help locate a qualified doctor who prioritizes an employee’s well-being.
This process will also ensure a doctor’s investment in their patients’ best interests, independent of any affiliations with an employer or insurance company.
Employee’s Rights After a Workplace Accident per Workers’ Compensation Law
In California, including Los Angeles, all employers are legally required to carry workers’ compensation insurance. This “no-fault” system provides medical treatment and disability payments for employees injured on the job. Not all workplace accidents require legal assistance. However, it’s vital for employees to know that they have the right to:
- File a workers’ compensation claim after being injured or becoming ill due to work
- Medical treatment for all necessary and reasonable medical treatment related to the work injury or illness
- Return to previous position or a comparable one after recovering from a work-related injury or illness
- Negotiate a settlement agreement with the workers’ compensation insurer
- Reasonable workplace accommodations if injury or illness requires modifications to job responsibilities
- Temporary or permanent disability benefits to compensate for lost wages depending on the severity and longevity of the sustained condition
- Appeal decisions made regarding treatment, disability status, or benefits
- Be evaluated by an independent medical examiner who is not chosen by the employer or the workers’ compensation insurance
- File a lawsuit against third parties if someone other than the employer is responsible for injury or illness
- Legal representation for workers’ compensation claim
Benefits Our California Workers’ Compensation Lawyers Can Assist With
California’s workers’ compensation laws are designed to provide a clear path for injured employees to receive necessary medical care and wage replacement benefits after a work-related injury.
If you are experiencing issues recovering benefits or filing a claim, Angeleno Accident Lawyers can help with the following:
- Medical treatment: Workers’ compensation covers all necessary medical care related to the work-related injury or illness.
- Lost wages: Workers may receive partial compensation for wages lost while recovering from a work-related injury or illness.
- Temporary or permanent disability benefits: Depending on the severity of the injury and its impact on the ability to work, may be eligible for temporary or permanent disability benefits may be availabe.
- Job retraining: A workers’ compensation claim may cover job retraining programs to help you pursue a new career path if your injury prevents you from returning to your previous role.
If you’ve been injured on the job in Los Angeles, CA, understanding your rights and entitlements is crucial. An experienced workers’ compensation attorney from our law firm offers our professional guidance with ZERO upfront costs, starting with a 100% free consultation. Schedule yours today.
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