Work injury in LA – Compensation Process Guide

Find out what steps you should take after sustaining a work injury in LA or schedule a free consultation with an attorney.

Stay safe. Stay informed. Know your rights.

Although workplace injuries have been on the decline, dropping by 75% in the last 35 years, they’re still a common occurrence. Around 2.3 million people worldwide are involved in work-related accidents every year.

Just in case that may happen to either your or someone you know, it’s better to be prepared and know what to do next. It’s important to know what kind of compensation you’re entitled to and how to manage the claim process correctly so you can receive the treatment you deserve.

Did you suffer a work injury in LA? Here’s what you should do

In order to benefit from full legal coverage, it’s vital that you notify your employer as soon as you suffer an injury. You should not hesitate in this process since any additional delays might cause problems in your compensation process.

Simply put, if you get injured on the job and fail to let your employer about it, your claim can be easily denied. A work accident attorney might not be able to help you if you do not follow the first steps correctly.

Here’s what you need to do in case you sustain a work injury in Los Angeles:

1. Have a way to prove you had informed your employer.

You could do this by requesting a copy of the injury report or having a witness present when you inform your superior about the accident. It’s vital that you have a way to prove that you noticed your employer as soon as possible.

2. Seek medical attention if necessary

Whether you go to a hospital or a private clinic, make sure you let the medical staff know you had been injured on the job. A medical report that states you had informed your doctor about the injury sustained at work can be used to your advantage if your case cannot be settled.

3. Submit the claim form

Your employer should provide you with a copy of the DWC-1 form within 24 hours after you have reported your injury. If your employer fails to provide you with a copy, you can download one from the DWC website. Try to be as descriptive as you can when filling in the data since this will be one of the main tools in your compensation process. Make sure you hold a copy of the form before submitting it to the employer. Your direct supervisor or HR representative is required to complete the ”Employer” section from the form and return a signed copy to you within 24 hours.

4. Wait for import from the Third Party Administrator

As soon as your company completes the form you submitted, it gets sent to the delegated TPA (insurance company) for further examination. They process the compensation claims on behalf of the employer and should make sure that the medical and wage bills are paid adequately. Normally, you should be contacted by the examiner within four working days. However, insurers will try to settle your case for as little as possible in most cases. It’s better to always be armed with knowledge and prepared to dispute any of the lowball offers. Our attorneys are here to guide you through the entire claim process and to ensure that you’re getting the compensation you deserve.

How much compensation can you claim for a work injury in LA?

The total amount of compensation you can claim following a work injury varies based on a variety of different factors. The insurers will look at elements such as the severity of the injury, the amount of time off you’ll need to recover or the impact this has on your personal life.

The most precise manner in which you can determine the amount of compensation you can receive is to schedule a free consultation with a trainer solicitor. A work accident attorney will be able to assess your condition appropriately and help you gain a better understanding of your situation.

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Do you need to cover the cost of medical bills?

If you suffer a work injury in LA, your medical care bill must be paid for by your employer. Whether you miss time off the job or not, the total recovery costs should be supported by the employer.

In some cases, employees are afraid to file for their worker’s compensation benefits thinking they might lose their jobs as a consequence. You should know that it is illegal for your employer to punish or fire you for sustaining a job injury. The same thing applies to requesting the worker’s compensation benefits whenever you believe that your injury was caused by your job.

Injuries at the workplace are not always sustained in accidents. Sometimes, your body can suffer damage from wear and tear caused by repetitive work activities. If you believe that your health has been negatively affected by work-related activities, you might be eligible for worker’s compensation benefits.

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We’re here to ensure you’re receiving the right treatment and yield all the benefits you’re entitled to. Schedule a free consultation with us and get professional representation with the personal attention you deserve.

Frequently Asked Questions

How can I avoid injuries at work?

All employers in California are required to have illness and injury prevention programs. That means that all employees must undergo specific health and safety training, in order to ensure safe working conditions. In case your employer refuses to address unsafe work practices, you can contact the Division of Occupational Safety and Health, the state agency whose main purpose is to improve and maintain the health and safety of workers.

How to start my worker’s compensation case?

Normally, your employer should give or post you the claim form within one working day after being informed about the injury. In case your employer fails to provide you with a claim form, you can download it from the forms page on the DWC website.

My first claim was denied. What should I do now?

In case your initial claim has been declined, it can be due to a minor error in the paperwork. You can schedule a free consultation with our professional work accident attorney that will guide you through the claim process.

What are the benefits I am entitled to?

The basic worker’s compensation insurance will normally cover the following five benefits: Medical care, temporary disability benefits, permanent disability benefits, supplemental job displacement benefits, death benefits. Click here to read more about this topic.

Can my employer take part of my earnings to pay for the insurance?

No. Since worker’s compensation insurance is part of business costs, your employer can not ask you to pay for the insurance costs under any circumstances. If you suffer a work injury in LA, your employer should cover the total costs of your medical treatment.

My employer is not insured. What happens with my compensation?

Not having worker’s compensation coverage is considered a criminal offence under the laws of the state of California. If you have suffered a work-related injury or illness, your employer is responsible for paying all bills associated with your injury/illness.

What to do if my injury has developed gradually?

Work injuries don’t always happen on the spot or due to a workplace accident. Poor working conditions might cause you to develop an injury gradually. In this case, you should report it to your employer as soon as you believe your injury was caused by your job. Prompt reporting helps you avoid problems and eventual delays in receiving benefits such as medical care.

How can a work accident attorney help your case?

At Visionary Law Group, our primary concern is that you’re being cared for. We will fight to make sure you receive the compensation you deserve. More importantly, though, we understand that money itself cannot heal you or grant you extra time to take care of yourself in your injured state.

We believe that providing you with consistent one-on-one attention and detailed information specific to your case will give you the peace of mind to focus on recovering from your work-related injury.

The attorneys at Visionary Law Group understand the dynamics of the law industry, and we also understand the dynamics of genuine personal care. We strive to learn about you and hone our skills to find new strategies and approaches for your case. No two cases are the same, which is why we’ll take the time to understand your particular situation, and we will tailor our approach to your needs.

Workers' Compensation Claim Process in Los Angeles