What Are the Workers' Compensation Laws in Los Angeles?

When you have been involved in an accident or suffered an injury, it can be overwhelming. This is especially true if your injury is work-related. 

Accident victims do not only face the physical pain from their injuries. Workplace injuries can be confusing and emotional. 

If you sustained an injury while at work, you may be able to pursue financial recovery through a workers’ compensation claim. In California, workers’ compensation benefits are intended to help injured employees meet their needs as they recover. 

However, the claims process can be highly complex. It often requires specialized knowledge. It is crucial to find an attorney who can help you to understand the workers’ compensation laws in Los Angeles. 

At Morgan & Morgan, our attorneys can help you to navigate the complex workers’ compensation claims process in California. We have plenty of experience fighting for the rights of injured employees.

Do not let an uncooperative employer or insurance provider undermine the value of your injury. Fill out our easy-to-use contact form online to schedule your free case evaluation and secure the money that is rightfully yours. 

An Attorney Will Help You to Navigate Workers’ Compensation Laws in Los Angeles 

Workers’ compensation cases should be simple. When an employee sustains an injury on the job, they deserve payments to cover the financial costs associated with their accident. 

Under California state law, workers’ compensation benefits are the exclusive remedy available to injured employees. Workers are prohibited from seeking other types of financial recovery for a work-related injury or ailment.

When you hire a reputable personal injury attorney, they will thoroughly investigate the facts of your case. Workers’ compensation laws in California require injury victims to:

• Prove that they sustained an injury or ailment
• Prove that their medical condition is directly work-related
• Prove that they suffered partial or complete disability

A California workers’ compensation attorney will build a powerful case to secure the maximum amount possible for you.

The workers’ compensation laws in Los Angeles can be confusing and convoluted. An experienced legal professional can enact effective strategies in your case to secure the money that you need.

When you hire an accomplished attorney, they will manage the following aspects of your workers’ compensation claim:

• Drafting and filing relevant legal paperwork
• Ensuring that all deadlines are met
• Negotiating with insurance providers and other parties
• Collecting relevant evidence
• And more

Victims face enough challenges after a work injury. They should not have to worry about managing all of the elements of a legal claim.

The ability to aggressively negotiate on your behalf is one of the most significant advantages of hiring an attorney. Insurance providers are often uncooperative when it comes to workers’ compensation claims.

 While the workers’ compensation laws in Los Angeles are designed to make the claims process simple, companies are incentivized to pay as little as possible. Your employer’s insurance adjuster may dispute certain elements of your claim.

The adjuster’s goal is to minimize every claim that is filed. That is why it is crucial to hire an accomplished Los Angeles personal injury attorney. 

If negotiations fail, a lawyer will be ready to escalate your claim to the courtroom. Although most cases are settled without the need for a trial, it is sometimes the only option to secure justice for injury victims. 

Common Causes of Workplace Injuries in Los Angeles 

Workplace accidents are common. Employers have a duty to establish safe and secure working environments for their employees.

But even if all precautions are taken, accidents happen. That is why workers’ compensation laws in Los Angeles do not require injury victims to prove negligence to receive benefits.

 If you or someone you love has been injured on the job in California, you are not alone. Some research suggests that a laborer is involved in a workplace accident every seven seconds. 

While each accident is unique, there are some common causes of work-related injuries. These include:

Lifting Injuries

Employees that are required to lift heavy objects are at a greater risk for injuries. There are an average of 56,000 reported work-related lifting injuries in the country annually. 

Lifting a heavy object can cause a wide range of injuries, such as:

• Shoulder damage
• Neck injuries
• Back and spinal injuries

When a job requires workers to elevate objects, employers are required to offer adequate instruction about the proper ways to lift.

Slip and Trip Accidents

Slipping and tripping are some of the most common personal injuries. Worksites and workplaces sometimes feature potential hazards.

Boxes, electrical cables, and other objects may block walkways. Uneven and slippery flooring can also cause workers to lose their balance and fall.

Slip and fall accidents can result in injuries to a victim’s joints or head. 

Repetitive Motion Injuries

When people imagine workplace injuries, they tend to think of dramatic falls or sudden terrifying events. But injuries that result from small repetitive motions can be just as damaging to victims.

This type of harm is also known as a repetitive stress injury. Continuously lifting, turning, or pushing can cause damage to the victim’s nerves, muscles, ligaments, or tendons. 

When this happens, the employee has the right to receive workers’ compensation payments. 

Lacerations

When a worker is cut, scraped, or punctured while performing their job function, they are eligible to seek financial recovery. This type of injury can cause significant damage to muscles, nerves, ligaments, and more.

Treating laceration injuries often results in massive medical bills. Employees can receive workers’ compensation benefits to cover these costs. 

Applying for Workers’ Compensation in Los Angeles 

Workers’ compensation laws in Los Angeles require injury victims to meet various application requirements. Generally, you must file a notice of claim for benefits within thirty days of the accident or injury.

This notice of claim is filed with your employer. After providing notice, you must submit the claim to your employer’s insurance company.

California state law requires the insurance provider to authorize medical treatment payments for injured workers. These payments must be authorized while your claim is being investigated.

Even before your claim is approved, the workers’ compensation provider is responsible for paying up to $10,000 in medical costs. The company must approve or deny your claim within 90 days of the time that you file it. 

Workers’ compensation claims are rarely this simple, however. Oftentimes, an insurance provider will dispute your claim or devalue your injury. 

 This approach places the insurance company’s bottom line over workers’ health and wellbeing. Having an accomplished workers’ compensation attorney on your side will give you the highest likelihood of securing adequate benefits.  

Determining the Value of Your Workers’ Compensation Case

There is no single or standard value for a workers’ compensation claim. Many variables will influence the value of your case. Speaking with a qualified personal injury lawyer will ensure that you pursue all of the benefits that are rightfully yours.

One of the most important variables in any workers’ compensation claim is disability. The amount you can recover will depend on whether you are partially or totally disabled as a result of your injury. 

Accident victims are considered to be partially disabled if their injury or illness prevents them from performing their job function temporarily. Claimants must prove that they have missed at least three days of work because of their medical condition.

Under California state law, temporary disability payments are intended to replace two-thirds of the worker’s pre-tax wages. When calculating workers’ compensation payments, overtime and job perks should be included. 

Temporary disability benefits are limited to no more than 104 weeks within a period of five years.

Permanent disability payments are ongoing. To qualify, the victim’s doctor must conclude that they will not recover within the next year. If a physician finds that the victim will never recover, the worker will become eligible for total permanent disability benefits.

The following factors determine the partial permanent disability payments that victims receive:

• The physician’s description of the injury or condition
• Limits on the types of work the employee can perform
• The employee’s age
• The worker’s professional position
• The person’s physical and mental limitations
• The impact of previous illnesses or injuries

An accomplished Los Angeles attorney can help to determine the value of your workers’ compensation claim. They will effectively negotiate on your behalf to ensure that your claim is not dismissed or undervalued.