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If you have been injured in a workplace accident, reach out to a Los Angeles work injury attorney at Aegis Law Firm. Our compassionate and dedicated Los Angeles employment lawyers are ready to advocate for your rights and help you navigate the legal process.
Contact Aegis Law Firm today to schedule a free consultation and take the first step towards recovering what you are rightfully owed.
A Los Angeles work injury attorney can be a vital ally if you have sustained an injury while on the job. Their extensive experience in work-related injury cases can provide you with the necessary support and guidance to navigate the legal complexities and secure the compensation you deserve. Here is how a lawyer can help:
Work injury attorneys are well-versed in the laws and regulations that govern workplace accidents and injuries in Los Angeles. They can help you understand your rights and responsibilities, ensuring you make informed decisions.
An attorney will assess the details of your case, including the circumstances of the injury, the extent of your damages, and the potential liability of your employer or other parties involved. This evaluation forms the basis for building a strong legal strategy.
Attorneys have the resources to conduct thorough investigations. They can collect evidence, gather witness statements, review medical records, and analyze workplace safety protocols to strengthen your case.
Navigating the paperwork associated with work injury claims can be overwhelming. Your attorney will help you accurately complete and file your workers’ compensation claim in Los Angeles, ensuring that all required documentation is in order.
Work injury cases often involve dealing with your employer’s insurance company. Attorneys are skilled negotiators who can engage with insurers on your behalf to secure a fair settlement that covers medical expenses, lost wages, and other damages.
In some cases, multiple parties may share liability for your injury. An experienced work injury attorney can identify all responsible parties, ensuring that you pursue compensation from all sources.
Every case is unique, and an experienced work injury lawyer can devise a legal strategy tailored to the specifics of your situation, increasing your chances of a favorable outcome.
If you cannot reach an agreement with the insurer, your work injury attorney in Los Angeles can represent you in court. They will present a compelling case, backed by evidence, to fight for your rights and seek the compensation you deserve.
Sometimes, individuals worry that pursuing a work injury claim might lead to employer retaliation. Los Angeles retaliation attorneys can advise you on your rights and protections against such actions.
Dealing with a work injury can be physically, emotionally, and financially taxing. Hiring a work injury attorney in Los Angeles lets you focus on your recovery while they handle the legal complexities.
Many work injury lawyers in Los Angeles operate on a contingency fee basis. This means that the lawyer’s fee is contingent on the outcome of your case. If you win your case and receive compensation, the lawyer will typically take a percentage of the amount awarded.
If you do not win, you generally won’t owe the lawyer any fees for their services. Contingency fees can range from around 25% to 40% of the total compensation awarded. The exact percentage may vary based on the complexity of the case, the amount of work involved, and other factors.
A considerable advantage of working with a Los Angeles work injury attorney on a contingency fee basis is that the lawyer is motivated to secure the best possible outcome for you. Their payment is tied to the success of your case, which aligns their interests with yours.
Here are the key timeframes to keep in mind when filing a workers’ compensation claim in California:
You must report your work-related injury or illness to your employer as soon as possible, ideally within 30 days of the incident. This notification is important for your employer to initiate the workers’ compensation process.
You have up to one year from the date of your injury or illness or the date you knew or should have known, that your injury or illness was work-related to file a workers’ compensation claim form (DWC-1) with your employer’s insurance company.
California’s statute of limitations will apply if you are filing a third-party liability claim. The law sets a time limit of two years from the date of injury or one year from the date it was discovered. The purpose of a statute of limitations is to establish a reasonable and orderly process for resolving legal disputes while ensuring that cases are brought to court within a reasonable time after the event or incident in question.
There are very few exceptions to these deadlines; if you miss them, you will likely lose your right to pursue compensation.
Here are some of the most common types of workplace injuries that occur in Los Angeles workplaces:
After any type of work-related injury, workers should seek immediate medical care. Some severe injuries can have delayed symptoms, so you may not initially experience the extent of your pain.
While the specific causes can vary based on the industry and workplace, here are some main factors that contribute to workplace accidents:
Preventing workplace accidents involves a comprehensive approach and a culture of safety awareness. Employers and employees both play essential roles in maintaining a safe and secure work environment.
Workplace injuries can occur in any profession, from construction to office work.
Aegis Law Firm handles a wide range of cases involving injured employees across Los Angeles. Common work injury cases include:
Each work injury case presents unique challenges. A Los Angeles work injury attorney can investigate the cause, identify all responsible parties, and pursue every available source of compensation.
If you are injured on the job, you have the right to file a workers’ compensation claim with your employer’s insurance company, regardless of who was at fault. This claim seeks compensation for medical expenses, temporary disability benefits, permanent disability benefits, and more.
All California employers must provide workers’ compensation benefits to injured employees under California Labor Code Section 3700. If your workers’ compensation claim is denied, you have the right to appeal the decision through the California Workers’ Compensation Appeals Board (WCAB).
Additionally, your employer is prohibited from retaliating against you for filing a workers’ compensation claim. This protection includes actions like firing, demoting, or treating you unfairly due to your injury. If your employer does not carry workers’ compensation insurance, you have the right to sue your employer to cover your damages.
If a party outside of your employer’s organization contributed to your injury, you might be able to file a personal injury lawsuit against that third party for additional compensation. Here are a few examples of third-party liability:
Third-party claims can provide compensation beyond what workers’ compensation benefits cover. For example, uncovered medical bills, full lost wages, pain and suffering, emotional distress, and more.
Injured employees in Los Angeles have the right to receive workers’ compensation benefits, which include:
Covers all necessary medical treatment for your injury or illness, including doctor visits, hospital stays, physical therapy, surgery, and prescription medications. There are no deductibles or co-payments.
Provide partial wage replacement if you cannot work while recovering from your injury. Payments typically equal two-thirds of your average weekly earnings, up to the state maximum of $1,680.29.
Compensate you for lasting physical or mental limitations that prevent a full return to work. The amount depends on your Permanent Disability Rating (PDR) issued after you reach maximum medical improvement.
Offer a nontransferable voucher worth up to $6,000 for education, retraining, or skill enhancement if you cannot return to your previous job due to permanent restrictions.
Paid to surviving dependents when a work-related injury or illness results in death. This includes burial expenses and ongoing financial support for the dependents.
Reporting your injury promptly is essential to preserve your right to workers’ compensation benefits. California law places a clear duty on employees to notify their employers within a specific timeframe.
Under California Labor Code Section 5400, “No proceedings for the collection of compensation may be maintained unless notice of the injury is given to the employer within thirty days after the occurrence of the injury.”
Failing to provide timely notice can lead to a denial of benefits unless your employer already knew about the injury or the delay was excusable. Follow these steps when notifying your employer:
Documenting your notification protects you from disputes about when or how the injury happened and prevents unnecessary claim denials.
Under Cal. Lab. Code §§ 3850–3865, an employee who receives workers’ compensation benefits may also pursue a lawsuit against a negligent third party.
However, the law prevents double recovery by giving the workers’ compensation insurer a right of reimbursement from any third-party judgment or settlement. Key effects of a third-party lawsuit include:
Managing both claims requires careful coordination to protect the employee’s interests.
A permanent disability rating (PDR) determines how much compensation you receive if your work-related injury leaves lasting physical or mental impairments. After you reach maximum medical improvement (MMI), your doctor issues a report describing any permanent limitations.
The Disability Evaluation Unit (DEU) of the California Division of Workers’ Compensation uses this report to assign a percentage rating that reflects the degree of disability. Here is how the rating affects your settlement:
If you disagree with the initial rating, your attorney can request a Qualified Medical Evaluator (QME) or Agreed Medical Evaluator (AME) review. This process ensures your permanent disability rating accurately reflects your injury’s impact on your ability to work.
If your workers’ compensation claim is denied, it does not mean your case is over. Denials are common, and California law provides a clear appeals process through the Workers’ Compensation Appeals Board (WCAB). Common reasons for claim denials include:
Here are the steps to take after a denial:
The insurer must provide written notice explaining the specific reasons for denial.
This form begins the appeals process and assigns your case to a local WCAB office.
Both parties can present evidence and attempt to resolve the dispute.
If the case is not settled, a workers’ compensation judge will review evidence and issue a decision.
If you disagree with the judge’s ruling, you may file a Petition for Reconsideration before the WCAB.
Hiring skilled legal representation significantly increases your chances of overturning a denial and obtaining the benefits you deserve. They can manage the appeals process, collect supporting medical documentation, and present your case effectively before the WCAB.
At Aegis Law Firm, our experienced team of Los Angeles work injury lawyers is dedicated to helping individuals who have suffered injuries in the workplace. We understand the physical, emotional, and financial challenges that can arise from work-related injuries, and we are here to provide trusted and skilled legal assistance to ensure that your rights are protected and that you receive the compensation you deserve.
Call (949) 379-6250 or message us online to arrange a free consultation today.