What is it?

California law requires companies to carry workers’ compensation insurance to cover employees who suffer injuries in the workplace. Legal representation is not mandatory in these cases, but it is important to remember that both the company and the insurance carrier are represented by adjusters and attorneys. If you are not receiving your benefits or are being denied medical treatment, you should be represented by an employment law attorney specializing in California workers’ compensation laws in Los Angeles, ready to represent you.

What are the benefits?

When you suffer an injury in the workplace and need medical attention, you are eligible for all workers’ compensation benefits provided by the insurance company.

When to Apply

It is necessary that you notify your employer about your injury or damage as soon as it occurs, as long as you know it is work-related. After this, your employer must fill out a report together with you. If the company refuses to provide you with the form, it is important that you consult with a workers’ compensation attorney in Los Angeles.

They are called civil lawsuits when in the workplace you use defective tools or machinery, or even due to the negligence of third parties — you have every right to pursue a workers’ compensation case and additionally file a civil lawsuit against other parties. Your specialized accident and injury attorney will be able to inform you of your rights and the maximum compensation available for both the injury and the negligence of third parties.

Doctors

When issuing a permanent disability for an injury, it must be established based on the terms of the Workers’ Compensation Board. That is why you need to be represented by a specialized personal injury attorney so that you can be examined by a doctor and the corresponding reports can be provided. It is extremely important to keep an updated record of the progression of your injury, as these will determine the compensation amounts — everything will always depend on the medical treatment and the degree of disability resulting from your injury.

Filing a false report to gain an advantage is a crime. If you lie about your injuries, bruises, or pain to the doctor or adjuster, you could end up in prison.

In some cases, matters may or may not go to trial — this will depend on the agreements reached with the insurance company. One of the agreements is called Compromise and Release, where you give up the right to future benefits and agree to a lump sum payment, which is more common when the person is no longer working at the company. The other agreement is called Stipulation with Award, where the majority of future benefits such as medical and disability payments are retained, which are made every two weeks. This same situation can occur when the case is taken to trial.

In most cases, these fees are established by the judge in each workers’ compensation case. Typically it is 15% of the final compensation the worker receives. Doctor payments are separate and are not deducted. The employment law attorney in Los Angeles does not charge you at any time to start or continue your case — the attorney gets paid only if the case is won.