The workers’ compensation system exists to provide economic and medical relief to individuals who suffer injuries in their workplaces. California imposes strict requirements on employers. Every employer in California must carry workers’ compensation insurance. In addition, all employers must accurately categorize their employees to ensure that every employee legally entitled to workers’ compensation benefits may claim those benefits if they are injured at work.
Unfortunately, it is extremely difficult to navigate the workers’ compensation claim process in California. The California workers’ compensation system was designed to be a benefit delivery system. Workers compensation insurance companies pay less money in benefits and make substantial profit by denying and delaying legitimate claims. Insurance companies and their attorneys work hand in hand to stack the deck against injured workers and to pay out as little as possible.
The Canlas Law Group, with its extensive experience prosecuting workers’ compensation claims, can level the playing field for you and successfully provide the comprehensive legal representation you need to navigate a workers’ compensation claim in Los Angeles.
If you are struggling with an injury you sustained at work, you will need to manage your recovery and your injury’s effects on your household. If you are unable to work, this can significantly hurt your family’s finances, creating a snowball effect that leaves you unable to pay bills and manage everyday expenses. Legal counsel from an experienced Los Angeles workers’ compensation lawyer can be an invaluable lifeline in this situation.
Your legal team can assist you in every phase of your claim, including completing your claim forms, locating and scheduling a treating doctor, scheduling a medical-legal exam, defending you in a deposition, and conducting a trial of your case before a workers’ compensation judge.
Ultimately, you can approach your California workers’ compensation claim with peace of mind when you have an experienced Los Angeles workers’ compensation attorney handling your case.
Every employer in California must have workers’ compensation insurance, even if the employer has a single employee. If you are injured at work, you should notify your supervisor immediately and request the forms you need to file your workers’ compensation claim. California employers are legally obligated to provide injured employees with a workers’ compensation claim form and are legally required to provide medical treatment after being notified of a work injury.
After your workplace injury, you should report it and seek medical treatment immediately. In an emergency, you can see any available doctor in order to obtain workers’ compensation insurance carrier. All workers’ compensation insurance providers will provide claimants with a list of local workers’ compensation physicians who can examine them and determine their disability rating. This rating will determine how much the claimant can receive in benefits and how long their payments will continue.
Once you have completed your workers’ compensation claim and visited an approved physician, the California DWC will review your claim to determine your eligibility for benefits. This process can take several weeks, and there is a possibility that the DWC will request additional information in making their determination. In most cases, workers’ compensation benefits include coverage for the claimant’s medical expenses and temporary disability benefits while the injured worker is unable to work.
If the insurance company accepts your claim of injury, they will pay for your medical treatment expenses related to your injury and weekly temporary disability benefits if a doctor determines that you are unable to work. This is where your disability rating comes into play. A claimant with a high disability rating could potentially secure approval for permanent disability benefits. This means the DWC will continue disbursing weekly benefit payments for the rest of the claimant’s life. However, the DWC is quite strict when determining whether a claimant qualifies for permanent disability benefits.
Temporary disability benefits or partial disability benefits can work in different ways. A claimant could receive temporary benefits until they can return to work. If their injury is severe enough that they cannot resume their previous job, but they can perform alternative work duties that do not earn as much income, they may qualify for partial disability benefits that effectively make up the difference.
In most cases, the DWC awards temporary disability benefits based on the claimant’s disability rating. Workers’ compensation generally provides up to two-thirds of the claimant’s average weekly wages, and their disability rating determines how long these benefit payments continue. At this point, several issues may arise with a claim. For example, the workers’ compensation doctor may assign the claimant a lower disability rating, or the DWC may deny a claim on a technicality.
If you have filed for workers’ compensation and experienced a delay or denial of your claim, an experienced Los Angeles workers’ compensation attorney is the ideal resource to consult in either situation. Canlas Law Group has years of experience guiding Los Angeles clients through complex workers’ compensation cases. We helped many claimants maximize their benefits, get necessary medical treatment and ensure that our clients get the benefits and compensation they deserve.
Your Los Angeles workers’ compensation lawyer can help you increase your chance of success with your claim by assisting you immediately after your workplace injury. In addition, Canlas Law Group can ensure your workers’ compensation doctor assigns you an appropriate disability rating and that the benefits you receive accurately reflect this rating. Ultimately, it is much easier to approach a workers’ compensation claim with confidence when you have a reliable legal team on your side.
If you or a loved one suffered an injury at work, the Canlas Law Group can provide the support and guidance you need to navigate your claim process successfully. Contact us today to schedule your consultation with a Los Angeles workers’ compensation attorney.
If you’ve suffered a work-related injury or were diagnosed with an occupational illness, you probably have a lot of questions regarding your right to workers’ compensation benefits.
All employers in the state of California are required to either:
Workplace injury claims are paid out by the employer’s insurer every two weeks following the approval of a claim.
Workers’ compensation in California is separated into two main categories: temporary disability and permanent disability.
A claim is classified as a temporary disability claim if an injured or ill worker is unable to return to work within three days. Benefits are not paid for the first three days of missed work unless the worker is:
Temporary disability benefits are payable every two weeks at a rate of two-thirds their lost wages (up to the maximum set by California law). This occurs until the worker is able to return to work or the worker’s condition becomes permanent.
A claim is classified as a permanent disability claim if the reporting physician indicates that the worker will not return to his or her pre-injury or pre-illness condition. The percentage of benefits paid every two weeks depends on:
Workers’ compensation benefits are a form of monetary compensation given to workers who have suffered a work-related injury. These benefits are designed to cover lost wages as well as expenses for medical treatments. They do not cover pain and suffering or other punitive damages.
In California, benefits that are provided under workers’ compensation include:
California law requires workers to notify their employers of work-related injuries as soon as possible. In cases of gradually developing injuries or illnesses, the law allows workers to file a report when they become aware of their condition.
It’s very important to report your injury or illness within 30 days of either suffering from it or learning about it. Failing to do so could cause you to lose your right to receive workers’ compensation benefits.
No. The state of California prohibits employers from taking retaliatory actions against employees who become injured or ill during the course of work. Retaliation can include, but are not limited to:
At Canlas Law Group, APLC, our lawyers are committed to helping injured workers get the answers they need to protect their rights and recover the workers’ compensation benefits they need and deserve. If we didn’t answer one of your questions above, call us at 323-888-4325 or contact us by email and we will take the time to get you the answers you need during a free initial consultation.
We serve clients throughout the Los Angeles area and Southern California.