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We understand that workplace injuries can be devastating and disruptive to your life. Our team of Los Angeles workers’ compensation lawyers is here to help you navigate the complex process of obtaining workers’ compensation benefits and ensure that your rights are protected. Arrange a free consultation today by calling Aegis Law Firm at (949) 379-6250 or sending us a message online.
If you have suffered an injury on the job, a Los Angeles Workers’ comp attorney from Aegis Law Firm can help you file a workers’ compensation claim with your employer’s insurance company. They can guide you through the process and ensure that all necessary documentation and evidence are provided to support your claim. If your claim is denied, an attorney can assist you in appealing the decision. They will review your case and identify any errors that may have been made and represent you at a hearing to argue your case and advocate for your rights if necessary.
In some cases, your employer or their insurance company may offer you a settlement. The decision of whether or not to accept it should not be taken lightly. There are many factors to consider when evaluating a settlement offer, including the extent of your injuries, the amount of medical treatment you may need in the future, and the impact of the injury on your ability to work. Your employer and their insurance company may try to minimize your claim to avoid paying. A Los Angeles workers’ compensation lawyer can help you understand the full value of your claim and evaluate the offer. They will negotiate a fair agreement on your behalf that fully covers your medical expenses, lost wages, and any other damages you may have incurred.
There are several situations when you may need a workers’ compensation attorney:
A work injury or illness must be reported to an employer as soon as possible. Failure to report your injury or illness within 30 days could jeopardize your ability to receive workers’ compensation benefits. However, you generally have one year from the date of your work-related injury or illness to file a workers’ compensation claim. This one-year time limit is known as the statute of limitations.
There are some exceptions to the statute of limitations, but they are rare. For example, if your employer did not provide you with a workers’ compensation claim form, the time to file a claim may be extended. Additionally, if you were unaware of the extent of your injury or illness, you may have up to one year from the date you became aware of the injury or illness to file a claim.
If you miss the statute of limitations for filing a workers’ compensation claim in Los Angeles, you may lose your right to pursue a claim and receive benefits. However, you may still have other legal remedies. For example, a personal injury lawsuit or a claim for disability benefits, but these options can be more challenging to pursue and may have different eligibility requirements.
If you are injured on the job in California, you have important employment rights under workers’ compensation law. For example:
You have the right to receive medical treatment for your work-related injury or illness. This includes doctor visits, hospitalization, surgery, physical therapy, and other necessary medical care.
If your injury or illness prevents you from working, you may be entitled to temporary disability benefits. These benefits are designed to replace a portion of your lost wages while you are unable to work due to your injury or illness.
If your injury or illness results in a permanent disability, you may be entitled to permanent disability benefits. These benefits are intended to compensate you for the permanent effects of your injury or illness on your ability to work.
If you cannot return to your previous job due to your injury or illness, you may be entitled to vocational rehabilitation services. These services are designed to help you develop new job skills or find a new job that is suitable for your physical limitations.
It is illegal for your employer to retaliate against you for filing a workers’ compensation claim or for exercising your rights under workers’ compensation law. If your employer retaliates against you, you may have the right to file a complaint with the California Division of Workers’ Compensation.
Workers’ compensation and personal injury are two different types of legal claims that can arise from an injury or illness. Here are some of the key differences between the two:
In a personal injury claim, you must prove that someone else was at fault for your injury or illness. This may be a person or company that caused the injury through their negligent or intentional actions but it cannot be your employer as long as they carry workers’ comp insurance. In contrast, workers’ compensation is a no-fault system, meaning that you are generally entitled to benefits regardless of who was at fault for the injury or illness as long as it occurred in the course and scope of your employment.
In a workers’ compensation claim, you are generally limited to benefits for medical treatment, temporary and permanent disability, and vocational rehabilitation. In a personal injury claim, you can seek damages for a variety of losses, including medical expenses, lost wages, pain and suffering, loss of enjoyment of life, and more.
Personal injury claims are typically resolved through litigation, with a settlement or trial. Whereas workers’ compensation claims are usually resolved through an administrative process that does not involve a trial. Instead, a workers’ compensation judge will review the evidence and make a decision on the benefits you are entitled to.
Personal injury claims can take longer than workers’ compensation claims, as they often involve complex legal issues and may require extensive investigation and discovery. In contrast, workers typically receive workers’ comp benefits within several weeks, as there are strict timelines for filing and processing claims.
Workplace accidents can occur for many reasons, including:
After an injury on the job, notify your supervisor or manager or ask a coworker to. If your injury is serious, call 911 or go to the nearest emergency room. If it is less severe, ask your employer if there is an on-site medical professional or if they have a preferred medical provider. You have the right to receive medical treatment for your work-related injury, including doctor visits, any hospitalizations, surgeries, physical therapy, and other reasonable medical expenses.
If your injury or illness prevents you from performing your job duties, your doctor may recommend that you take time off work to recover. In this case, you are entitled to temporary disability benefits to replace a portion of your lost wages while you are unable to work.
Once you have sufficiently recovered, your treating physician may release you to return to work with certain restrictions, such as limited hours, limited duties, or the need for special accommodations. Your employer must comply with these restrictions and provide you with a job that meets your medical restrictions. If your employer cannot provide you with a job that meets your medical constraints, you may be entitled to vocational rehabilitation services to help you find a new job that is suitable for your physical limitations.
There are several types of workers’ compensation claims we commonly handle, including:
These are the most common types of workers’ compensation claims, which involve physical injuries caused by accidents on the job, such as sprains, strains, fractures, cuts, burns, back injuries, neck injuries, head injuries, etc.
Illnesses that are caused by exposure to hazardous materials or other conditions in the workplace. For example, respiratory diseases caused by exposure to dust, chemicals, or other airborne pollutants, cancer from exposure to carcinogens such as asbestos, and hearing loss caused by prolonged exposure to loud noise.
Mental health conditions can be covered by workers’ compensation if they are caused or aggravated by work-related stress or other work-related factors, such as witnessing a severe work accident. Examples of conditions include anxiety, depression, and post-traumatic stress disorder (PTSD).
Injuries that occur over time due to repetitive motions or prolonged exposure to hazardous conditions, such as carpal tunnel syndrome, back injuries, and eye strain.
If a pre-existing medical condition is aggravated by work-related activities or conditions, such as the worsening of a pre-existing back injury due to heavy lifting, it may be covered by workers’ compensation. These claims require medical evidence that the pre-existing injury was exacerbated or worsened by a work-related accident or condition. This often requires an evaluation by a qualified medical professional who can provide documentation of your condition.
It is important to note that not all workplace injuries or illnesses are covered by workers’ compensation. The injury or illness must have occurred in the course and scope of employment to be eligible for benefits.
If you have been injured on the job or have any questions about workers’ compensation, we encourage you to contact our office to schedule a free consultation. Our attorneys are here to help you assert your rights and get the compensation you deserve.