A workplace injury can suddenly change your career and your life for the long term, or even permanently. This is not the time to just “go with the flow” and assume your employer will cooperate and take care of it for you. To be sure you get your full compensation and are not left financially overwhelmed due to mounting medical bills and an injury-caused disability that limits or prevents your ability to earn a living as before, it is imperative to reach out for professional legal help as soon as possible.
When you injure your back due to heavy lifting at work, contract respiratory problems from working around asbestos, get burned by caustic chemicals, or slip and fall and break a bone on a workplace concrete floor - you have a right to receive full compensation from your employer’s workers’ comp insurance policy. Specifically, you could be entitled to reimbursement for:
The utter complexity of the process of obtaining workers’ compensation insurance payments after an on the job accident makes it infeasible for anyone to tackle this task alone. The state of California, your employer’s workers’ comp insurer, and one or more doctors, hospitals, or other medical providers are all involved. There are mountains of paperwork, and any missteps could delay your compensation or even reduce or cancel them. Plus, it is not uncommon for initial denials of a claim to be encountered; and the uninitiated will have no idea how to overcome such obstacles.
We have the expertise to walk you through the process of filing for a workers’ comp claim in Los Angeles or anywhere throughout Southern California. We will inform you of all the potential benefits that are available and how to best pursue them. Our history is one of securing the fullest possible benefits for our clients in the least amount of time, and we stand ready to do for you what we have done for many others before you!
Contact Workers Compensation Attorney Law Firm anytime 24/7 by calling 310-956-4277 for a free consultation on any and all workers’ comp matters. We will be all too happy to assist you!
Our state’s Workers’ Compensation laws create a no-fault basis for compensation, which means that you virtually never have to worry about whose fault the injury was when you go to file your claim. In extreme cases, where an employee purposefully injuries him or her self, acts very recklessly, or where the use of illicit drugs or alcohol caused the accident, claims will be denied. But this is very rare. In almost all other situations, the injured worker has no need to prove who was or was not at fault.
Any delay in informing or contacting your employer concerning a workplace injury could jeopardize your right to compensation. There are time limits put on the filing of such claims under California law. For example, you only have 30 days to report a medical problem, from the date of the injury or from when you first were aware of (or should have been aware of) a developing problem. The sooner you report it, the better because the evidence will be more accessible and you will avoid running over any applicable deadlines.
Don’t be discouraged and give up on your claim if an insurance adjuster or company denies your claim or tries to reduce it. This is common but can be overcome with the right legal help. The insurer and/or employer may try to claim you were never injured, that you were not injured on the job, that your disability is fake or exaggerated, or that you did not follow procedures properly in filing your claim. But understand, that even when this kind of situation arises, if you have a good attorney, you will likely reach an acceptable out of court settlement. And if you go to court, we can win for you there as well.
Some people mistakenly assume that the injury has to have occurred physically on the job site, but this is not necessarily true. As long as the injury occurred while you were engaged in activities done for your employer, such as work-related errands or deliveries, for example, it still counts. If you are traveling for business purposes for your employer, and suffer accidental injury (even on the road or in a hotel room), benefits may still apply. But if you were dealing with personal matters at the time of the injury, benefits may not apply. Talk to a good Workers’ Comp lawyer to find out what will or will not count as “work related.”
Some may worry that if they dare talk to their employer about their work-related injury or try to file a claim for compensation, they will get themselves fired, laid off, be demoted, have their salary reduced, or be otherwise retaliated against. But realize that all such retaliation is illegal, and forms the basis for an additional lawsuit. If after filing a claim and then recovering from your injuries, you are told you can’t come back to work because you are fired - gathering the facts and evidence of the retaliation and talking to a lawyer could pave the way for a second suit.
It’s not enough to have a valid claim and file the paperwork correctly and on time. Understand that your employer’s insurance company has a vested interest in denying your claim because it saves them money at your expense. Therefore, it's wise to avail yourself of a skilled attorney who can “keep them honest.” Here are 4 ways we can maximize your chances of winning your full claim.
What is the number one reason why insurers and employers get away with denying your workers’ comp claim? It’s a lack of sufficient medical/vocational evidence to back up your case. There are a number of ways that we at Workers Compensation Attorney Law Firm help you bolster the strength of your evidence, including setting up treatments and exams with key medical providers, collecting and organizing medical records and opinions of all your caretakers, carrying out depositions of health experts, and providing legal representation when you yourself must appear for a deposition. If your employer did not provide adequate safety training or uphold proper workplace safety guidelines, we can also collect and use this evidence to your advantage.
Negotiating with insurers is not a job for novices. It requires a deep knowledge of the system and the details of your case to assess the benefits you ought to receive. And it also requires an awareness of the strong-arm tactics and negotiating “methods” of insurance companies to anticipate and successfully counter such “moves.” And even when insurers are brought to the negotiation table, the agreement must be structured in the right way to protect your rights. We know how to secure you the best possible settlement and ensure it is enforced.
The clout we bring to the negotiation table means very few cases even need to go to trial. But when a hearing becomes necessary, we are up to the task. We understand how to prepare your case, your paperwork, and you for an upcoming hearing/trial. We know how to thoroughly research all relevant records, get key witness depositions, formulate a strategy and a plea, and submit all required documents on time, so as to help you win in court.
We can help make sure you don’t overlook other possible benefits and avenues of legal action that may be available to you, aside from filing a workers’ compensation claim. For example, you may have grounds for a personal injury suit. Or, you may qualify for Social Security or other disability claims, for rehab assistance, wage reimbursement, or other benefits.
We work hard to give you the absolute gold standard in legal representation on all matters related to workers’ compensation and workplace injuries. Our philosophy is simple: we work for you and make the system work for you too. We pursue your best interests every step of the way while treating you with respect and dignity and respecting your privacy. It is our settled policy to thoroughly research each case, to build a fitting strategy from the ground up, and to fight for you and your future like we would want to be fought for were our roles reversed.
We believe that California’s workers' compensation system should work for everyone, not only for those with special connections. We understand that the system is far too complex and that the state, insurers, and employers are not seeking your benefit. We are. We are your advocates and we take each and every relationship with our clients very, very seriously. Our goal is to secure for you the full benefits you are entitled to under law so as to alleviate the impacts the injury has made on you and your family as much as possible.
Anytime that a work-related injury makes an employee unable to come to work as usual or if any medical attention beyond ordinary first aid is required; a workers’ comp claim can be filed. California also requires that employers keep their employees informed of their workers' comp related rights through the availability of certain forms/notices.
If injured, the employee must file a claim within thirty days - and the employer must provide a claim form within 24 hours of the worker requesting one. The injured worker must then complete the form and have it delivered to his/her employer, who then must complete the employer section on the form and deliver it to their workers' compensation insurance provider. The insurer, upon receiving the claim must approve or deny it within ninety days, and they must send out a notice to inform the filer of his/her rights. If no decision is taken after ninety days, the claim is automatically accepted. The insurer will also need to have the claimant see a physician for evaluation, arrange for a deposition, and may subpoena relevant medical and employment records. The insurance company must allow initial medical care to be covered - up to a limit of $10,000, regardless of whether or not they ultimately deny your claim. And an official notice of denial must be sent to the claimant rather than just ignoring them. If a claim is denied, it can be appealed, but you have to act before the one-year statute of limitations expires.
Here are some key features that set us apart from the crowd and make us the truly superior workers' compensation law firm in the Los Angeles Area:
We cover the full gamut of workers’ compensation related practice areas. We could not hope to list every single case-type below, for there are far too many. But here are the most common causes of injury and kinds of workers’ comp cases we handle from day to day.
If an employer failed to provide a safe work environment, that can potentially provide grounds for a lawsuit; but even when no negligence at all occurred, California employers must still pay (through their workers’ compensation insurer) for the injuries of workers that take place on their premises or while a worker is off-premises but performing an employment-related task for the company. There are a great variety of injury types, ranging from repetitive motion injuries to cuts, broken bones, chemical poisoning or burns, respiratory disorders, and more. Almost any injury, due to almost any cause, is covered by workers’ comp.
However, the difficulty in actually collecting your rightful claim comes in navigating the complexity of the system within specific time limits and in contesting with your own employer and insurance companies. We make the process work for you, securing you every possible benefit under California workers’ compensation law, to cover the costs of your injury and the loss of income it may have caused.
Railroad workers run greater risks of occupational injury than most other professions, and therefore, there are many special safety regulations and compensatory rules that apply to them. Falls from moving railroad cars, loss of a limb in heavy machinery, being electrocuted, burns and defacement due to toxic chemicals, and numerous other dangers are all too common. Fatality rates, too, among railway employees are relatively high.
The Federal Employers Liability Act, rather than state-level workers’ compensation insurance, covers most railroad workers in California in the event of on the job injury or death. Similar types of claims are filed under FELA, for medical bills, wage loss, and non-economic damages - but the process is different. We are experts at securing railroad employees their rightful compensation, no less than those in other industries, and we have a long history of winning generous settlements.
Injury to the back, neck, or spine is easily among the most debilitating and painful types of injuries you can have. But back and neck injury is not at all uncommon either. Any job that entails heavy lifting, repetitive lifting, bending, or twisting, or exposes one to environments where slip and fall accidents may occur - poses a serious risk in this regard.
Also, driving jobs may result in such injuries in the aftermath of an accident or even just a sudden stop on the highway to avoid an accident. Whiplash may not show immediate signs, but appear later and prove extremely painful and debilitating. One major problem with this injury type is that it can be difficult to prove the source or cause of the injury or of the pain. It can also be difficult to prove the severity of pain. But rest assured our attorneys have deep experience in doing just that!
An injury to the hand, wrist, or arm often immediately makes it impossible to continue with your usual work performances as usual. Sprains, strains, and lacerations may create a temporary disability, while fractures may be long term, and even permanent damage or amputations may occur and create a permanent disability.
While those whose job involves intense physical labor file the majority of hand injury claims through workers’ comp, there are also many claims from office workers, factory workers, and others for carpal tunnel, tendinitis, arthritis, wrist or elbow injury, and repetitive motion disorders affecting the hands. Don’t assume that a hand or arm injury has to involve visible cuts or bruises or total inability to move the arm before it counts under workers’ comp. The truth is, any and all significant conditions affecting the arm will qualify.
Easily among the most traumatic of all injuries, you can sustain at work, or anywhere else for that matter, is any injury to the head. Being struck in the head by moving machine parts, hitting your head against an object, falling head first to a concrete floor, or smashing your head in a car crash are among the most common causes of such injuries.
The effects of a head injury can include much more than temporary bruises and short-term pain: they may include ongoing headaches, speech problems, traumatic brain injury, memory loss, permanent numbing, or even paralysis. Properly diagnosing a head injury is often very difficult and takes multiple examinations, while treatment and rehabilitation is even more costly and complex. Employers and insurers may be tempted to try to deny or restrict your claim in such high-cost cases, which is why you need the assistance of an experienced workers’ comp lawyer from the beginning to the end of the claim process.
Loss of hearing can occur quickly following an accident, especially when the head was severely impacted in and around the ears, but usually, this type of injury comes upon you slowly over a period of months or years. Excessively noisy work environments, where high decibels and either sharp, sudden bursts of noise or continuous dangerous noise levels may ultimately make one hard of hearing or even deaf. This is a valid claim to file against your employer’s workers’ compensation insurer.
Note that employers in California are legally required to provide workers with adequate hearing protection and to monitor sound levels for safety purposes. Even partial deafness can have a huge impact on one’s ability to perform at work and in life, and yet, this is not a “traditional disability category.” Plus, it can be more challenging to prove when and how hearing loss occurred than with many other injuries, especially if it occurred gradually. For these reasons, the expertise of a dedicated attorney experienced in workers’ compensation law is essential to winning a fair settlement.
Needless to say, the full use of one’s legs, knees, feet, and ankles is essential to many employment tasks and to general functioning and comfort as you go through life. Injury to this part of the body is common in many California workplaces. Broken legs, soft-tissue strains and sprains, a broken knee cap, a badly twisted ankle, broken or crushed feet and/or toes, or damage to the cartilage and tendons in the knee area are all examples of this type of injury.
Surgeries, rehabilitation, prescription drugs, and other treatments for foot, knee, and leg injuries are very expensive and require a good deal of time before you are ready to return to work, in most cases. Impacts, falls, repetitive tasks, getting caught in heavy machinery, or stepping on nails or sharp objects are all common causes of these injuries. To collect compensation, you will need to prove that the injury was work-related, that it occurred at all, and show its true severity, cost, and disabling nature. We can help you to prove all that and more so as to collect your full claim and to not lose your job due to an accidental foot, ankle, knee, or leg injury.
There are many ways in which the shoulders or elbows can be seriously injured while completing employment tasks. Pulling, lifting, and carrying of heavy objects on a routine basis is a common cause. Malfunctioning of machinery, trip-and-fall accidents, and lack of proper training and safety procedures may also cause or contribute to shoulder and elbow injuries. Dislocated shoulders or elbows, shattered or fractured bones, torn rotator cuffs, elbow hyperextension, contusions of the ulnar nerve, and more can result from a variety of causes, and the injured party may not even know immediately what caused his or her injury.
Don’t hesitate to seek immediate medical attention when you know you have a severe shoulder or elbow problem. Not only will you get needful medical help, but this will lay the groundwork for later filing a workers’ compensation claim as well. It may take time and careful investigation to pinpoint the exact cause of your injury, but if it is work related (regardless of whether due to sudden or gradual causes), you are entitled to compensation for it under California’s workers' compensation insurance system.
Easily ranking among the most hazardous of all occupations is that of the construction worker. Working with dangerous tools day to day and with heavy equipment, walking on staging far off the ground, walking on rooftops, working in difficult weather and environmental conditions, and a host of other factors create a truly “high-risk job” for construction workers.
Falls of ladders and scaffolding, being hit by falling objects, electrocution, heavy lifting, falling into a ditch or trench, or getting trapped under a collapsing roof are among the many causes of construction accidents. Work-related vehicle accidents are also common. And malfunctioning tools can also create a very dangerous situation. As the workplace of construction workers changes continually, and as there are many safety regulations that apply to this industry, there is much legal work to be done to establish the validity of your claim and to secure you your full reimbursement. We at The Workers Compensation Attorney Law Firm are 100% up to the task!
Across a wide range of industries, it is necessary to use various chemicals that can be toxic and dangerous when exposed to human skin or eyes, ingested, or breathed in. Workers in factories, hospitals, hotels, and many other job-types often file workers’ comp claims in California for toxic chemicals exposure. Burns, rashes, respiratory problems, poisoning, and other health problems may occur due to chemicals being spilled, improperly stored or labeled, or wrongly used.
Chemical injuries may last for months, years, or even be permanent. Disfigurement, loss of strength, difficulty using affected body parts, and certainly the loss of ability to perform at work at the same level as before the accident, can all result. Many times, the employer failed to follow safety procedures fully or to train workers adequately in regard to working with dangerous chemicals. In that case, there may be negligence and grounds for a tort lawsuit on top of a workers’ comp claim.
We Are Here For You! Call us today
My attorney got me a much bigger claim settlement than I could have initially expected. I was, to say the least, pleasantly surprised.
The mounds of paperwork were overwhelming and confusing. But my lawyer navigated workers' compensation system with ease.
My employer disputed whether my injury was work-related or not, and they also tried to say it didn’t really create a disability. Workers Comp Attorney, however, helped me gather the evidence force a fair settlement.
I was shocked when the insurer initially denied my claim, but this law firm didn’t flinch. They fought back and won!
I am so glad I chose Workers Compensation Attorney Law Firm! They made the process of filing and receiving my claim fast and simple.