Los Angeles Disability Lawyer Helping Fight for Workers Compensation Disability Benefits
Temporary and Permanent Disability Benefits for California Workers
Receiving the type and amount of disability benefits from your employer’s workers comp insurance you are entitled to can be a confusing and difficult process. California employers and their workers compensation insurance companies do not always act fair or look out for the best interests of their employees. These companies are often looking to save money, which may mean limiting the financial benefits hurt workers in Los Angeles deserve.
If you are filing a workers compensation claim for disability benefits, a Los Angeles disability lawyer from the experienced employment law firm of Kesluk, Silverstein & Jacob can help you figure out which type of disability benefits you are eligible to obtain and whether your employer’s workers comp policy is providing the temporary or permanent workers comp disability benefits you deserve. Our employment attorneys in California want you to understand your workers rights and best options, while we fight for the maximum compensation available to you and your family after an injury or work illness.
Disability Benefits in California Workers Compensation Cases
When you are severely hurt on the job, the way your employer handles the situation and compensates you depends on a large variety of factors. If your injury prevents you from returning to work for a short term or ever again, you may be entitled to disability benefits from workers comp.
California workers compensation disability benefits fall into two main categories: temporary and permanent. The type of disability benefits you receive from workmans comp depend on the extent of your injuries and how much they affect your ability to earn the income you previously earned.
What to Know About California Temporary Disability Workers Compensation
A temporary disability can be either partial or total. You may be eligible for temporary disability benefits if you are hurt on the job and lost wages because of this work injury. For example, temporary disability benefits from workers comp may apply to your situation if you missed work because of the injury for a short time or are unable to perform all of your former job duties. Temporary benefits for disability end once you are able to return to work.
Workers compensation can provide wage replacement payments in the following forms of temporary disability benefits:
- Temporary Total Disability (TTD) – Temporary total disability means that you are unable to perform your typical job duties but can perform certain or modified duties, eventually returning to work after recuperation.
- Temporary Partial Disability (TPD) – Temporary partial disability may be available if you are injured and unable to work but expected to recover, or you can work with temporary restrictions but your employer cannot provide or will not allow these job duty modifications.
Consult with a Los Angeles disability lawyer about your situation before accepting benefits from your employer or workers comp insurance company. Disputes may arise when claiming disability from workers compensation. Your employer may question the doctor who indicated the disability or you might want a second opinion, which our Los Angeles disability lawyer can help arrange. Get the experienced support you need when filing for workers compensation disability benefits. Call us today to schedule a free attorney review.
Permanent Disability California Workers Compensation Benefits
Gaining permanent disability benefits can be more complicated than temporary disability benefits. Similar to temporary benefits, permanent disability benefits can be either partial or total. However, workers comp insurance adjusters calculate permanent disability benefits differently than temporary benefits. Disability and workers comp laws are also continually changing; meaning the date of your work injury may affect how these disability benefits are calculated.
Factors that may be taken into account when calculating your permanent disability benefits include:
- The date of your workplace accident
- Your level of impairment as related to your ability to work, or disability rating
- Your age and job title
- Whether your injury was catastrophic
- Whether there was psychiatric harm caused by the incident
Your employer has highly trained professionals working to limit what to pay you in disability benefits. The complexity of filing for and fighting for fair disability benefits in a workers comp claim that involves permanent disability makes having the counsel of an experienced Los Angeles disability lawyer almost necessary to ensure you gain the California workers compensation disability benefits you deserve. Call our firm today for a free consultation to learn how our disability lawyer may be able to uphold your rights.
Fired After an On the Job Injury?
California workers compensation and employment law bars your employer from taking any sort of retaliatory steps against you for seeking disability benefits for a work injury or filing a complaint about a dangerous workplace. If your employer acts in retaliation with a wrongful termination, our Los Angeles employment lawyers can help you fight for your rights under California employment law.
Wrongful termination is not a legal way for employers to avoid paying for your disability benefits or for a disagreement over the treating physician. Our Los Angeles employment lawyers can help if you have suffered wrongful termination for seeking workers compensation benefits.
Free Los Angeles Disability Lawyer Consultation for Workers Comp Claims
Whether you or a family member is temporarily or permanently unable to return to work because a workplace accident or occupational illness, you may have questions about your ability to receive disability benefits from an employer’s workers compensation insurance.
A Los Angeles disability lawyer at Kesluk, Silverstein & Jacob is more than willing to apply their years of knowledge and experience in employment and workers comp law to help. Get the answers you need by filling out a confidential claim review form for a free attorney consultation today. We can decide whether filing workers comp or disability discrimination lawsuit against your employer is in your best interest.