If you live and work in Los Angeles and you got an injury while doing your job, you should know that you are (mostly) entitled to workers’ compensation benefits.
Here are some things you should know about workers’ compensation in Los Angeles.
Workers’ Compensation Eligibility Requirements
This eligibility requirement applies to all US states. Here are the basic eligibility requirements so you can claim a workers’ compensation benefit:
- You are classified as an “employee”. Unless you work as an independent contractor, you are mostly considered an employee.
- Your employer owns a workers’ compensation insurance. In California, all employers and companies are required to have a workers’ compensation insurance.
- Your injury is work-related.
- You filed the claim within your state’s (California) deadline.
If you live and work in Los Angeles, your employer have (or should have) a workers’ compensation insurance. So, for the most part, you’ll have no problem about being eligible for workers’ compensation – unless you are not classified as an “employee”.
Benefits of Workers’ Compensation in Los Angeles
Depending on your circumstance and case, here are some of the benefits you can receive from your workers’ compensation claim:
1) Medical care
Your employer must give you your basic medical care needs until you’re fully relieved from your injury. If your injury needs prolonged care, your employer should help you with the medical bills all the way until you are fully relieved.
Advanced therapies, however, are usually not covered by workers’ compensation benefits.
2) Temporary disability benefits
“Temporary disability” means you’re disability will cripple you for a while, but you have a chance for full recovery. This disability can be “partial” (you can still perform your work despite having the disability) or “total” (until you’re fully recovered, you totally cannot perform your job).
If you suffer from temporary disability, your employer should give you wage replacement until you can return to work again. This wage replacement is usually payable every two weeks.
3) Permanent disability benefits
“Permanent disability” means you’re disability has slim or no chance for recovery. Just like temporary disability, permanent disability can be categorized into partial and total permanent disability.
Partial permanent disability means you can still perform your job despite the disability. Total permanent disability means you cannot perform your job due to your disability.
If you suffer from permanent disability, you are entitled for wage replacements for life. Your employer may also give you a vocational rehabilitation services to help you learn a new skill and be employed in another job role.
4) Vocational rehabilitation services
If your injury made you incapable of performing your present job role, your employer should give you a vocational rehabilitation service so you can learn new skills and get another job in a new role.
5) Death benefits
In the unfortunate case that you, well, faced a fatal injury – leading to your death – your employer or company should give your immediate family the support they need for a certain period of time.
Usually, the recipients of this benefits are your elderly parents, spouse or children.
Do I Need a Lawyer to File for Workers’ Compensation Claims?
Normally, you don’t need a lawyer when you file for workers’ compensation claims. However, if your employer refused or denied your claim, you will need a lawyer to back you up – otherwise it will be tough for you to defend your claims.
Take note of the following reasons why your employer may deny your workers’ comp claim, and be sure to avoid them:
- Discrepancy on your accident report and medical records
- You didn’t file the claim within the allotted deadline
- Illegal drugs or substance is present in your body (according to your medical records)
- You have no witnesses
- You filed for workers’ comp only after you’re laid off or get fired
Where Can I Find a Workers’ Compensation Lawyer?
LG Law Offices have the best workers’ compensation lawyers in Los Angeles and key California cities. They’ve helped employees get the maximum workers’ comp benefits they can get, so we guarantee that we can help you too!
