If you have been injured on the job or have questions about your rights under workers’ compensation law, don’t hesitate to contact Aegis Law for a confidential and free consultation. We’re here to help you navigate the complexities of the workers’ compensation system and secure the benefits you deserve.
With two decades of dedicated service, Aegis Law specializes in advocating for employees injured on the job, ensuring they receive the compensation they deserve. Our extensive experience has honed our legal acumen, making us the optimal choice for your case. Our team of adept Los Angeles employment attorneys has consistently achieved successful outcomes through diligent effort and strategic negotiation.
An employment lawyer can provide invaluable assistance with your workers’ compensation case by navigating the complex legal process on your behalf and ensuring that your rights are protected every step of the way. Here’s how else an employment lawyer can help:
Legal Guidance
An employment lawyer can provide comprehensive legal guidance on your rights under workers’ compensation law, including the types of benefits you may be entitled to receive and the procedures for filing a claim.
Claim Preparation
Your lawyer can assist you in preparing and filing your workers’ compensation claim, ensuring that all necessary documentation is submitted accurately and promptly to maximize your chances of success.
Negotiation
If your claim is disputed or denied by the insurance company or your employer, your lawyer can negotiate with the opposing parties on your behalf to reach a fair settlement that adequately compensates you for your injuries and losses.
Appeals
If your claim is denied or if you disagree with the decision made by the workers’ compensation board, your lawyer can represent you in the appeals process, advocating for your rights and presenting evidence to support your case.
Litigation
In some cases, litigation may be necessary to resolve disputes or obtain the benefits you deserve. Your lawyer can represent you in court proceedings, presenting arguments and evidence to support your claim and fight for a favorable outcome.
All types of employees are entitled to receive workers’ comp benefits for a work-related injury or illness, regardless of who was at fault for the accident.
Under California Code, Labor Code – LAB § 3351, ““Employee” means every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed…”
In addition, “Every employer except the state shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state…” (California Code, Labor Code – LAB § 3700)
Employer Obligations
After you notify your employer of your injury, they must authorize up to $10,000 in medical treatment while your claim is pending acceptance from their insurer. This right is detailed in California Code, Labor Code – LAB § 5402(c):
“Within one working day after an employee files a claim form under Section 5401, the employer shall authorize the provision of all treatment…for the alleged injury and shall continue to provide the treatment until the date that liability for the claim is accepted or rejected.
In California, workers’ compensation benefits aim to provide financial support and assistance to employees who suffer work-related injuries or illnesses. The types of workers’ compensation benefits available include:
The specific benefits and eligibility criteria may vary depending on the circumstances of the injury or illness.
In California, the deadline or statute of limitations for filing a workers’ compensation claim is generally one year from the date of the work-related injury or illness. However, injured workers are also required to provide notice of their injury or illness to their employer within 30 days of the injury or when they become aware of the injury’s connection to their work.
No, California Labor Code Section 132a prohibits employers from discriminating or retaliating against employees who file workers’ compensation claims or exercise their rights under the state’s workers’ compensation system. This means that employers cannot terminate, demote, harass, or otherwise retaliate against employees for seeking workers’ compensation benefits or reporting work-related injuries or illnesses.
If an employer does retaliate against you for filing a workers’ compensation claim, you have legal options. You can file a complaint with the Labor Commissioner’s Office so that the Retaliation Complaint Investigation Unit (RCI) will investigate or pursue a civil lawsuit against your employer for wrongful termination or retaliation. If successful, you may be entitled to reinstatement, back pay, lost wages, and other remedies.
If you have suffered a workplace injury or occupational illness, our team is here to guide you through every step of the claims process to ensure your rights are protected. Contact Aegis Law today by calling (949) 379-6250 or messaging us online to arrange a free consultation with our Los Angeles Workers’ Compensation Lawyer.