Los Angeles Workers Compensation FAQs

Los Angeles Workers Compensation FAQs

Los Angeles Workers Compensation FAQs

Q: I was injured at work, now what?

A: Step 1: Report the injury or illness to your supervisor, manager or Human Resources department as soon as possible. The sooner you report your injury or illness, the easier it is to avoid problems and delays in receiving benefits, including medical care. If you don’t report your injury within 30 days of your accident, you could lose your right to receive workers’ compensation benefits.

Step 2: It is recommended you file a claim with your employer and depending on state law and additional claim with your workers’ compensation office. Once your claim is filed, your employer is required to provide you with medical care.

Q: How do I file a claim?

A: Your employer should either give or mail you a claim form within one business day of learning about your work-related injury or illness. When completing the form, only fill out the “employee” section; make sure to give or mail the form to your employer right away. If you don’t return the completed form, you risk your right to receive benefits.

Q: What benefits am I entitled to?

A: Workers’ compensation benefits provide you with the medical treatments you need to recover from your work-related injury or illness, and partially replace the wages you lose while in recovery and help you return back to work.

Workers’ compensation insurance provides five benefits:

  1. Medical Care: Paid by your employer to help you recover from your injury or illness.
  2. Temporary Disability Benefits: Payments of lost wages if your injury prevents you from doing your usual job while recovering.
  3. Permanent Disability Benefits: Payments of lost wages if you don’t recover completely from your injury or illness.
  4. Supplemental Job Displacement Benefits: Includes vouchers to help pay for skill enhancement or retraining if you don’t recover completely form your injury and don’t return to work for your employer.
  5. Death Benefits: Payments to a spouse, children or other dependents if the employee dies from a work injury or illness.

Q: What if my claim was denied?

A: Claims are usually denied if the claims administrator believes your injury is not covered by workers’ compensation. You have the right to challenge the decision!

To have your claim heard by a workers’ compensation administrative law judge, you must complete and file an Application for Adjudication of Claim.

Q: How do I return to work?

A: Several people work with you to decide when you are ready to return to work. These include:

  • Your attorney
  • Your primary doctor
  • Your employer (supervisor or HR department)
  • The claims administrator

Q: What types of settlements are there?

A: Workers’ compensation cases can settle in two different ways:

  1. Stipulations with Request for Award

a. Payments: After agreeing on the amount of temporary/permanent disability, you will usually receive weekly payments.

b. Medical Care: The claims administrator usually agrees to pay for medical care if needed.

2.       Compromise and Release

a. One Payment: The claims administrator usually agrees on an amount to resolve your claim: you will receive a lump sum.

b. Medical Care: If you lump sum includes an estimated cost for medical care, the claims administrator will not pay your doctor if the fees exceed your allotted amount. It then becomes your responsibility to pay for the remaining/additional fees.

Los Angeles Workers Compensation FAQs About Attorneys

Q: How will an attorney help me?

A: A Los Angeles Workers’ Compensation attorney will protect your rights and be your advocate. They will plan a strategy for your case in order to obtain all the benefits owed to you.

Most importantly, they will gather information to support your claim and keep track of your deadlines. A Los Angeles workers’ compensation attorney will represent you in hearings before the workers’ compensation judge and will tell you about additional claims and benefits that may be available to you.

Q: How is my attorney paid?

A: Most attorneys usually provide one FREE consultation. Upon hiring an attorney, you don’t pay immediately, their fee is first approved from a workers’ compensation judge and then taken from some of your benefits later.

Q: When is the best time to hire an attorney?

A: In some cases, the best time to hire an attorney is after filing a claim; if you’re not sure how to proceed with your case, an attorney can help. You may also need an attorney if you believe your employer or the claims administrator is withholding benefits or treating you unfairly.

If You Were Injured at Work, Call 1-800-380-8080 Today!

Knowing Los Angeles workers compensation FAQs is always beneficial, but if you experienced a work-related injury or illness, a Los Angeles workers’ compensation attorney can help protect your rights, especially during the claims process!

Call 1-800-THE-LAW2 at 1-800-380-8080 to get a FREE legal consultation from on of our experienced Los Angeles workers’ compensation attorneys. Our workers’ compensation attorneys have helped thousands of injured workers get the benefits they deserve!

Every minute counts! If you want longer than 30 days to file your workers’ compensation claim, you may lose your right to file. Protect your rights before it’s too late – call 1-800-380-8080!

¿Hablas español? No te preocupes. ¡Visite el sitio de Los Defensores, o llama a 1-888-363-6363 para una consulta gratuita y obtén la compensación que te mereces!  

Sources:

  1. State of California, Department of Industrial Relations – Division of Worker’s Compensation (DWC). Workers’ Compensation in California: A Guidebook for Injured Workers. Retrieved September 23, 2015.
  2. Division of Workers’ Compensation (DWC). Injured on the Job? Need to know your rights? Retrieved September 21, 2015.

Disclaimer: This article provides a general overview of the workers’ compensation claim process.  It is not intended as specific legal advice for any particular case.