DON'T TRY TO HANDLE YOUR WORKERS' COMPENSATION CLAIM ALONE, CALL US FIRST!
If you are injured on the job, the workers' compensation system is set up to pay you benefits while you recover. Unfortunately, your employer's insurance carrier may try to offer you much less than what you deserve. This is why having experienced counsel representing you is very important. Schedule a free consultation with Greenberg & Ruby, LLP today, so we may get the compensation that you are entitled to.
WHY CHOOSE GREENBERG & RUBY, LLP?
- We have been assisting clients injured at their place of work in Los Angeles for more than 60 years.
- Our workers' comp lawyers are recognized for helping clients obtain the compensation they are lawfully owed.
- We handle complex workplace injury cases that are complemented and coordinated with third-party liability lawsuits.
WORKERS' COMPENSATION OVERVIEW
Workers' compensation is a form of federal, state and private insurance that provides financial compensation and medical care for workers injured while on the job or during the course of their employment.
Colloquially known as workers' comp, the compensation guaranteed from this insurance comes with the mandatory relinquishment of an employee's right to file claims against their employer for negligence. This can significantly limit the damages an injured employee may receive, especially in cases where the victim has suffered a permanently disabling injury that requires costly, long-term or permanent medical care and treatment. This is unfortunate, as workers' compensation was originally designed to protect and serve the workers, but now in many cases protects the economic interests of the employers more than it assists injured employees.
Workers' compensation differs from state to state, and each individual state has their own governing board which oversees the different private and public funds and insurers that provide workers compensation, although in most states workers' compensation is provided exclusively by private insurance companies. 12 states have workers' compensation State Funds legally required to act only as last-resort insurers, while the private workers' compensation insurers may write extensive insurance packages and deny coverage to the riskiest claims. California's State Compensation Insurance Fund is the largest of all 12 of state funds.
HOW TO FILE A WORKERS' COMPENSATION CLAIM
The Division of Workers' Compensation (DWC) is the California state agency that oversees the workers' compensation claims process. However, workers must first provide notice to their employer of the injury, and should never wait more than a week. You may have a loved one call from the doctor's office if needed, but you should give a formal written notice as well. In addition, follow these steps:
- Tell your doctor how you got hurt.
- Make sure to get a note from the doctor if you must stay home and are unable to return to work.
- Turn the physician's note into your employer.
- Fill out the Workers' Compensation Claim Form (supplied by employer)
- File the claim form with your employer by first-class or certified mail.
If you are unsure whether you are eligible for benefits or need help filing, contact us for a free consultation.
DO YOU REALLY NEED A WORKERS' COMPENSATION LAWYER?
Unfortunately, workers can quickly encounter a number of technicalities and procedural issues when applying for workers' compensation benefits. An experienced lawyer will ease the stress of filing and allow you to focus on recovering. They will ensure that:
- The paperwork is quickly and correctly filled out, as well as handled properly.
- You receive help through the appeals process if your claim is and has been denied.
- Explore all options for compensation, including third-party liability claims.
- Conduct an independent investigation into your injury accident or illness, and collect evidence to support your claim.
Insurance companies are primarily interested in protecting their bottom line, so you should not have to deal with them on your own. Let an attorney protect you by handling your claim for you.
WHAT DO WORKERS' COMPENSATION BENEFITS COVER?
The available workers' compensation benefits in California generally cover the following major areas:
This includes reasonable medical treatment for the injury and related symptoms. The insurance company is legally responsible for up to $10,000 in medical costs, no matter if your claim is eventually denied. However, the treatment must meet the guidelines set by the DWC to be approved.
Payment for temporary loss of income while you are recovering. In general, you will receive two-thirds of your weekly wages.
Payment for being unable to fully recover, if confirmed by your doctor.
SUPPLEMENTAL JOB DISPLACEMENT
If you are unable to fully recover and return to your same job position, you may receive benefits up to $6,000 to pay for retraining or skill enhancement in another job or position.
If a work injury results in a death, the worker's family will receive payment, including $10,000 for burial expenses.
If your benefit payments are withheld or delayed, it will be within your best interest to speak with an experienced workers' comp lawyer
FEDERAL EMPLOYMENT COMPENSATION ACT
The Federal Employees' Compensation Act, also known as a FECA, provides non-military federal employees with workers' compensation insurance. Funded by the employing governing agencies to reimburse the division of Federal employees compensation for their workers' compensation expenses, federal employees can expect prompt determination of their claims and the compensation they may receive, the prompt payment of lost wages and medical bills accumulated due to work-related injuries and assistance in returning to work.
Many provisions of the Federal Employees' Compensation Act are similar to most workers' compensation laws. Federal employees' awards are limited to disabilities or death sustained while on the job. Any injuries fatal or otherwise that were not due to the willful actions or the intoxication of the employee will be covered.
Employees can expect their medical expenses to be covered and those permanently disabled are provided with job retraining programs to assist in returning to work. A Federal employee disabled on the job will receive 2/3 of the normal monthly salary he or she received prior to the incident, and if the employee has dependents or the disability is permanent or extensive, he or she may receive more financial support. This act also allows for financial compensation for the surviving relatives and dependents of the Federal employee who suffered fatal injuries.
CALIFORNIA WORKERS COMPENSATION ACT
The California's Workers' Compensation Act is an extensive compensation program exclusive to the state of California. This statute places limits on the liabilities of employers and fellow employees of individuals injured on job sites. It legally requires California employers to purchase insurance to cover any potential claims of workers compensation and establishes a large fund for those claims against employers who illegally failed to buy insurance. The California Workers' Compensation Act allows employers to make an initial provider selection, which may be changed after 30 days by any employee.
The Workers' Compensation insurance provided by the employer under the requirements of the California Workers' Compensation Act may be from an employer's self-insurance, a private insurance carrier or through a competitive state fund. Insurance payments under this act may be made for temporary total disability, temporary partial disability, permanent total disability, and permanent partial disability and in some cases will cover disfigurement, physical rehabilitation, vocational rehabilitation and occupational hearing losses. If you live in Southern California, contact one of the best Los Angeles workers compensation lawyers who can help guide you with your claim.
Claimant's attorney fees are approved on a case by case basis and those costs may be added to awards receivable. Death benefits available are based upon a percentage of the deceased employees' wages, and are subject to limitations. The deceased's surviving spouse and children are the only allowable recipients of death benefits.
CONTACT GREENBERG & RUBY, LLP TODAY
Let an experienced Los Angeles workers' compensation lawyer obtain the compensation you and your family needs. Call (323) 782-0535, our initial consultation is free and confidential.
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