Los Angeles Workers’ Compensation Lawyer Explains California Workers’ Compensation Benefits
How To File A Workers’ Compensation Claim For A Work Injury In Los Angeles
Workers’ compensation laws in California exist to protect the employee rights of workers injured on the job and to protect employers from personal injury cases for dangerous work environments, so long as the employer carries workers’ compensation insurance in accordance with California workers’ compensation laws. The state workers’ compensation laws in California established the right for a worker to gain financial benefits needed to pay for bills and other living expenses while recovering from a work injury.
The Law Offices of Kesluk, Silverstein & Jacob is an employee rights law firm known for working tirelessly to help employees hurt on the job. Workers’ compensation insurance benefits for injured workers are among California’s essential workplace rights. If you need assistance putting together a workers’ compensation claim, appealing a workers’ compensation claim denial or filing a claim for disability benefits, an experienced Los Angeles workers’ compensation lawyer at our firm may be able to help you.
Benefits for Injured Workers under California Workers’ Compensation Laws
Workers injured on the job are entitled to different types of benefits depending on the extent and type of their injuries. A Los Angeles workers’ compensation lawyer will be able to explain each type of benefit in-depth, help determine what types of worker comp benefits you deserve and what steps to take to gain these benefits through the California Division of Workers’ Compensation (DWC).
Some of the benefits available to injured workers in California include:
- Medical bills – California workers’ comp provides payment of all of your medical costs to treat your occupational illness or injury. This includes any medical care needed, such as medications, medical equipment, physical therapy, rehabilitation as well as doctor and hospital expenses.
- Temporary disability – You may receive a portion of the income you lost due to missing three or more days of work because of an injury on the job with temporary partial disability or temporary total disability benefits. There are different formulas for calculating the amount of temporary disability benefits you can receive while you recover if you qualify for temporary partial or temporary total disability payments.
- Permanent disability – If a work accident injury results in a permanent inability to work at your previous job or causes an injury that is not expected to reach a full recovery, you may qualify for permanent partial disability or permanent total disability benefits in California. The DWC bases the amount of weekly permanent disability workers’ comp benefits on a percentage of your wages and extent of your workplace injuries.
- Supplemental Job Displacement Benefits (SJDB) – Workers with permanent partial disability whose employer does not offer modified work may be entitled to receive SJDB vouchers to help pay for educational training and enhancement of job skills at state-approved schools. These benefits can help pay for vocational retraining if you cannot return to the same occupation after a workplace accident.
Under California workers’ compensation laws, the dependents of a worker who died because of a work injury or occupational illness are also entitled to workers’ comp death benefits, or survivors’ benefits, which include burial expenses. Reach out to our California employment law firm for experienced legal assistance if you are dealing with the consequences of serious or fatal workplace injuries.
How Long Do I Have to File a Workers’ Comp Claim in California?
After an injury at work or occupational illness diagnosis, California workers’ compensation laws require workers to report the illness or injury to their employers within 30 days. Failing to report the injury or illness within this period could allow employers to deny works comp claims for benefits.
However, there are some exceptions to this strict deadline, such as your employer failing to inform you of the 30-day statute of limitations or post notices of this deadline. A Los Angeles workers’ compensation lawyer may be able to help you appeal a denial of your claim if you did not file within 30 days of your work injury in Los Angeles.
How Do I File a California Workers’ Compensation Claim?
Informing your employer is only the first step to file a workers’ compensation claim in California. To move forward with your claim, you must also fill out and submit the following documents to your employer’s workers’ compensation insurance company for review:
- A DWC-1 Claim
- Application for Adjudication
- A form that swears you are in compliance with Labor Code 4906(g), prohibiting you from having a doctor or medical care facility submit fraudulent records
- A Document Cover Sheet and Separator Sheet
It is important to have all of your information accurate and to know your employee rights when filing for workers’ comp benefits in California. A simple document error or missing workers’ compensation claim document could be the basis of a denial.
Your employer has obligations it must meet after you file for California workers’ compensation benefits as well. Within 24 hours of your injury, your employer must:
- Provide a workers’ comp claim form to you
- Authorize up to $10,000 in appropriate medical expenses within one day of receiving your completed claim
- Offer light duty or different work responsibilities while you recover
If you have any confusion over what to do to file a California workers’ compensation claim or are worried about having your claim for benefits denied, a knowledgeable Los Angeles workers’ compensation lawyer at our employment law firm can help.
Dealing with a Workplace Injury? Los Angeles Workers’ Compensation Lawyer for Free Legal Advice
A Los Angeles workers’ compensation lawyer at the firm of Kesluk, Silverstein & Jacob can explain your employee rights if you were hurt on the job while working in the city of Los Angeles or state of California. Whether you are a state, federal or private employee, our work injury lawyers have the knowledge to help with your workers’ compensation claim. To set up a free consultation with a workers’ compensation attorney near you, contact our law firm today.