Los Angeles Workplace Injury Lawyer

California law requires almost every private employer to have workers’ compensation insurance. The purpose of this insurance is twofold — to protect covered employers from civil liability for their employees’ work-related injuries and to provide financial relief to injured workers, compensating them for their medical costs and lost income during recovery. If you or a family member recently suffered an injury at work, it is vital to know how you can recover and what options are available to you for resolving any disputes that might arise with your employer and/or their insurance carrier.

Experienced Legal Counsel for Workers’ Compensation Cases in Los Angeles, CA

While most employers in Los Angeles handle workplace injury claims in good faith, some do not. Additionally, there is always a chance for an injured worker to encounter problems with both their employer and the employer’s insurance company, and they may have grounds to seek additional compensation outside of the workers’ compensation claim filing process. Ultimately, every case is unique, but every injured worker benefits by working with an experienced Los Angeles workers’ compensation attorney.

Pratt Law Corporation has managed a range of work injury claims for clients in the Los Angeles area. We have successfully assisted many clients in all industries with their work injury claims, often helping them secure much more than they expected at first. We take time to address each client’s individual needs, guiding them through their recovery efforts and helping them secure as much in benefits as the law allows. If you need legal representation for your impending work injury claim, our firm is ready to assist you.

What Workplace Injuries Qualify for Workers’ Compensation Benefits?

Many people who sustain injuries while working wonder whether they qualify for workers’ compensation benefits. Generally, any injury suffered while working or acquired from working qualifies for benefits. Some of the most commonly cited workplace injuries across all industries in Los Angeles include:

• Slip and fall injuries. These incidents can easily result in broken bones, traumatic brain injuries, or a combination of multiple injuries that require extensive recovery time.
• Injuries from vehicle accidents. While injuries suffered during commute time would not qualify for workers’ compensation, some people are required to drive as their primary job responsibility. If this applies to you and you are injured in a vehicle accident while working, you can file a claim for workers’ compensation benefits. Additionally, you would probably have grounds for additional legal recourse against the driver who caused the accident.
• Traumatic injuries from heavy equipment and specialized machinery. Some people work in refineries, factories, and other facilities that require the use of inherently dangerous machinery and equipment. If you are hurt by any such equipment while working, it would not only qualify you for workers’ compensation benefits, but you could also potentially have grounds for a civil suit against a defective product manufacturer or a coworker who intentionally misused a dangerous piece of equipment.
• Repetitive stress injuries, such as soft tissue damage, strains, and sprains. These injuries manifest gradually over time when a worker must perform the same physical tasks every day at work. Proving that your condition directly resulted from work may be difficult, but a good attorney can provide guidance on this aspect of your claim.
• Mental health conditions from work-related stress. California law requires workers’ compensation insurance carriers to cover medical expenses and temporary disability due to mental health if a mental health condition arises from work.
• Acquired illnesses, such as chronic lung disease or cancer. Some people are unfortunately required to work in inherently hazardous environments or come into contact with toxic substances while working. If you develop any medical condition from your work conditions or environment that interferes with your ability to work in the future, this is likely qualified for workers’ compensation benefits.

As long as your injury occurred while you were performing your job duties or you developed a medical condition because of your work conditions, you are likely covered by your employer’s insurance. If your employer denies that your illness or injury is work-related, your Los Angeles workers’ compensation attorney can address this problem on your behalf to ensure you receive appropriate consideration for benefits.

It is important to remember that you can still qualify for workers’ compensation if you caused the injury yourself. If you were negligent or made an honest mistake while working that resulted in an injury, this does not automatically disqualify you from workers’ compensation benefits. However, if you were working while intoxicated by drugs or alcohol, engaging in horseplay at work, or if you injured yourself due to intentional failure to follow workplace safety regulations, these factors may disqualify you from seeking benefits. Additionally, workers’ compensation insurance does not cover injuries suffered while going to work or coming home from work.

Can I Sue My Employer for a Workplace Injury in Los Angeles?

An employer who has workers’ compensation insurance as required by state law effectively has immunity from their injured workers’ civil damages. This means that if you suffer an injury while you were at work, you cannot file a civil lawsuit against your employer in most cases. As long as your employer fulfills their legal obligations in handling your claim, you generally cannot file a civil suit against them. However, if your employer or a coworker intentionally injured you somehow, this could form the basis of a civil lawsuit.

It is also possible to have grounds for a retaliation claim against an employer who wrongfully terminates you after a workplace injury or otherwise penalizes you in response to a legally protected action. If a coworker intentionally injured you somehow, it could also form the basis of a civil suit.

If you’re unsure whether your situation qualifies for legal action outside of workers’ compensation insurance, it is crucial that you consult an experienced attorney as soon as possible to discuss your options. Your Los Angeles workers’ compensation attorney can streamline all aspects of your recovery efforts, from filing an initial claim with your employer’s insurance carrier to exploring alternative avenues of legal recourse. You have a limited time in which to file your claim, so it is crucial that you connect with trustworthy legal counsel as soon as possible after your injury.

How to File Your Workers’ Compensation Claim

Filing a claim for workers’ compensation benefits after a workplace injury in Los Angeles will be similar to how one would file any other type of insurance claim. You complete the necessary claim forms and explain what damages you suffered, how the injury occurred, and what effects the injury has had on your life. Once the insurance company receives your claim, it will review it, ask for additional information if necessary, and then deliver its benefits determination.

While this may sound straightforward, you face additional complexity compared to other types of insurance claims due to your employer’s involvement in the process. While the majority of employers will handle their employees’ claims in good faith, some do not, and there is always a possibility of the insurance company pushing back against your claim.

Your Los Angeles workers’ compensation attorney can verify that your employer has met their legal obligations under California law and resolve any disputes that might arise with the claim determination process. Once you receive your benefits determination from your employer’s insurance carrier, your attorney can verify that it is acceptable under the terms of your employer’s policy.

Disability Rating and Benefits Determination for Workplace Injury Claims in Los Angeles

One of the most important components of a workplace injury claim is the medical review process. As part of your claim determination, the insurance company will want to hear a professional assessment from a qualified physician. Although you can go to see any physician available for emergency treatment, you will likely need to visit a workers’ compensation physician to proceed with your claim.

During this medical review, the doctor will assign the claimant a disability rating from 1 to 100 to reflect the overall severity of their injury and the extent of their disability. The higher the rating, the more benefits the injured claimant can receive. If you undergo this review and disagree with the doctor’s findings, your Los Angeles workers’ compensation attorney can arrange for a second opinion.

Benefits Available Through Workers’ Compensation

Once your claim is approved, you can typically expect the benefits determination from the insurance carrier to explain the extent of benefits they are providing for your injury. First, the insurance company will pay for the claimant’s medical care. All treatment they require to achieve maximum medical improvement is qualified. This means that a claimant can reasonably expect their employer’s insurance company to cover all immediate healthcare expenses like their hospital bills and prescription costs, and they can receive compensation for ongoing medical treatment they need to fully recover.

The second form of benefits available to an injured worker in Los Angeles is disability benefits. These are more variable and paid based on the claimant’s disability rating:

• When a claimant is partially disabled, but they are still able to handle lower-paying light duty, they may qualify for partial disability benefits. This will offset the difference in their earning power until they can go back to work at full capacity. The amount they can receive in partial disability benefits depends on how much they can earn, and they must report all their earnings and their medical updates to their employer’s insurance company to maintain eligibility.
• If the claimant is completely unable to work and has a high disability rating, they will more likely qualify for temporary total disability benefits. Generally, these benefits will amount to two-thirds of the claimant’s usual weekly earnings each week for up to 104 weeks or until they can resume their job. For example, if the claimant usually earns about $1,200 per week, they will probably receive around $800 per week in disability benefits.

While rare, it is possible for an injured claimant to qualify for permanent disability benefits. If they suffered a severe enough injury to leave them permanently disabled and unable to handle any form of gainful employment in the future, their Los Angeles workers’ compensation attorney could potentially help them qualify for extended benefits. However, insurance companies will try to avoid these long-term obligations whenever possible, sometimes offering large lump sum settlements in lieu of permanent disability benefits.

Your Los Angeles workers’ compensation attorney can ensure that you receive fair treatment and a reasonable benefits determination from your employer’s insurance carrier. If at any point in the claim filing or claim determination processes you feel as though the insurance company is not handling your case in good faith, your attorney will know what to do. Additionally, even if you manage to recover as fully as possible through insurance, you could have grounds for other forms of legal recourse depending on how and why your injury happened. Specifically, if any party not connected to your workplace injured you, you could have grounds to file a third-party claim.

When Can I File a Personal Injury Claim for a Workplace Injury in Los Angeles?

While you generally cannot sue an employer for a workplace injury, an injured worker may have grounds to file a civil action against a third party. If anyone outside of your work caused your work-related injury, you can proceed with your workers’ compensation claim as you would after any work-related injury. However, once you secure as much compensation as possible for your claim, you could then file a personal injury suit against whichever third party directly injured you.

A third-party personal injury claim could potentially increase your overall recovery dramatically. While workers’ compensation may yield full coverage of your medical expenses, it will only compensate you for a portion of your total lost income. You can secure repayment of the rest of your lost earnings with a third-party personal injury claim, and you would have the right to seek pain and suffering compensation from the defendant as well.

California law does not limit pain and suffering compensation in the majority of personal injury cases. The plaintiff has the right to claim whatever amount they deem appropriate to reflect the overall severity of their condition and the extent of the immediate and long-term harm done by the defendant. If you suffered a permanent injury of any kind due to a third party’s negligence or intentional misconduct, the pain and suffering compensation you secure could potentially outweigh the total of your economic losses.

How Much Do Workers’ Compensation Attorneys Charge?

The average person may worry about the potential cost of hiring an attorney for a workers’ compensation case, but this is no cause for concern when you choose Pratt Law Corporation to handle your case. Instead of expensive upfront and hourly attorneys’ fees, our team works on a contingency fee basis. This means our client is not required to pay any legal fees unless and until we secure compensation on their behalf.

When we win your case, we will take a percentage of the total amount recovered as our fee. The percentage you pay is generally based on the overall complexity of your claim and the severity of your damages. This same rule applies to contingency fee billing in personal injury claims, allowing clients to proceed with confidence and without the risk of their legal expenses amounting to more than the compensation they recover. If your legal team is unsuccessful with your claim for any reason, you pay nothing. This billing policy ensures that the legal counsel you need is accessible and affordable when you need it and that you can approach your case with peace of mind, with no need to worry about your legal expenses overtaking your final recovery.

Pratt Law Corporation excels at handling complex workers’ compensation claims for clients in Los Angeles and surrounding areas. We have years of experience confronting the major insurance carriers on behalf of our clients, and we know the tactics they try to use to avoid paying maximum compensation for covered injuries.

As soon as you hire our firm to represent you, we can immediately get to work gathering any supporting evidence and documentation you will need to file your claim. We’ll help you complete your initial claim forms, navigate the independent medical review process, and address any problems that arise with your employer or their insurance carrier. Once you receive a benefits determination, we can verify that it suitably addresses your needs and assist you in exploring any alternative avenues of recovery that might be available to you.

Time is a crucial consideration for anyone who intends to file a workers’ compensation claim in Los Angeles. The sooner you file your claim, the more likely you are to reach a positive outcome for your case and maximize your recovery. Contact Pratt Law Corporation today and schedule your consultation with a Los Angeles workers’ compensation attorney to start your recovery process with confidence.