Can I Still Get Workers Comp Benefits When I Return to Work?

Following an injury at work, your best shot at obtaining the worker’s compensation benefits is by filing a work comp claim. You should be aware of the statute of limitations in your state (In California, you have 30 days to file a claim from the moment you got injured) and not miss the deadline.

However, even after filing a claim, that does not guarantee that you will receive the benefits. That is up to the board to decide, once they take all the factors into consideration.

But what happens when you return to work after fully healing? Are you still eligible to get your worker’s compensation benefits? Here is what workers compensation attorneys have to say on that matter.

Benefits of Returning to Work

Once you have been cleared by your doctor, you should return to work within a given time. That means that if your doctor told you to return to work starting next Monday, you should show up at work next Monday. Missing work, for whatever reason, could have a negative impact on your worker's compensation claim and your potential income.

Returning to work will improve your income and benefits that you gain over time. You will return to the friendly environment and be surrounded by your old friends again. That will improve your mental strength and help you with confidence. However, keep in mind that your workers’ compensation claim will still be processed (if submitted within given time) and if successful, you will receive your benefits for the following:

• Medical costs
• Lost wages while you were out of work (up to 2/3 of your total lost wages, based on your average weekly income in the past 6 to 12 months)
• Pain and suffering
• Future medical treatments

Even if you were cleared by your doctor to return to work, that does not mean that you won’t have to continue using your medication, and even have additional medical necessities in the future.

Has Your Claim been Processed?

Assuming that you filed your worker’s compensation claim on time (within the state’s statute of limitations), your claim will take time before it is processed. Don’t expect to receive money immediately, as it may take up to two years before you get your benefits (usually it takes anywhere between 12 to 15 months to start receiving your payments). If your claim hasn’t been approved or denied before you are cleared and able to return to work, you still have a chance of getting it approved by the board and filling an appeal if the initial claim is denied.

If your new wages are lower than they used to be, you may receive compensation for it through your workers’ compensation. Also, if you have to visit a doctor in the future and miss work, you can also get paid for that missed work. Speak with Los Angeles Workers Compensation Attorneys to learn more about your legal options and to maximize your chances of obtaining the highest compensation possible, even after you return to work.

Read More

How Does A Workers Comp Claim Affect The Employer?

When an injury happens at work, the employee is entitled to worker’s compensation benefits. In order to receive them, the injured employee has to notify his superiors within a given time frame (30 days) from the injury. Failure to do so will result in ineligibility to receive worker’s compensation benefits.

After that, the employer is the one responsible for crafting and passion on the First Letter of Injury to the insurance carrier. From that moment on, the decision lies with the Board.

However, the insurance company is not the only one affected by a worker’s compensation claim. Sadly, most employers are also affected by it in the long run. Here is how one successful (or unsuccessful) worker’s compensation claim can affect an employer.

Changes in Annual Premium

The first change comes in the annual premium that the employer pays every year. There are numerous factors that are taken into consideration when the annual premium is calculated. Your insurance carrier will present you with their formula, and it is your decision whether or not you want to accept it.

Normally, premiums are calculated based on the following formula: employee payroll is multiplied by a “rate”, which is decided based on the previous years and injuries that did or did not occur. The more injuries that occur every year, the higher the rate.

For example, if your payroll is $1,000,000 and the rate is $1, your premium will be $1,000,000 divided by 100, multiplied by 1, which is $10,000. This is your manual premium, with no experience modifiers applied. Once the experience modifiers are applied to the manual premium, the result is called the standard premium.

Learn more about your annual premiums by speaking with one of the Workers Compensation Attorney in Los Angeles. They know how the insurance companies calculate their premiums and will help you understand it. If you call today, you will be able to schedule your free consultation.

Tips on Lowering Your Premiums

In order not to spend a small fortune every year on your insurance premiums, you should utilize the following tips and try and reduce your premiums. Here are some suggestions on how you should manage your worker’s compensation premiums:

• Make sure that all your supervisors have received proper safety training
• Hold regular safety meetings and improve everything that needs improving
• Develop an effective injury and illness prevention program
• Develop a post-accident response protocol and make sure that the appropriate people know what to do in response to an injured employee
• Make sure your entire staff knows where to go in case of an injury (your insurance company’s Medical provider Network MPN)
• Manage all claims to be sure that the injured individuals are receiving proper treatment

Los Angeles workers compensation lawyer advise you to be aware of potentially fraudulent claims. Many employees may try and trick you, and it is your job to protect your best interests and the interests of your company. Get in touch with attorney today and learn how to recognize a potential fraud and prevent it before it causes any additional problems.

Read More

Are You Worried About Paying A Workers Comp Attorney In Los Angeles?

Suffering an injury at work can be extremely complicated. You will not be able to return to work or perform your regular work duties at least for a while, assuming that the injury is not permanent (disability, limb loss). When such injuries happen, your best bet is to seek workers compensation benefits. To do so, all you have to do is contact your superiors and let them know of the injury, how it came to be and when it happened. After that, the final step is filing a workers compensation claim. In most cases, you are going to need an attorney to help you with the claim. But is there a reason you should be worried about hiring an attorney? The answer is NO, and listed below are the reasons why.

Contingency Fees

First of all, you need to be aware of the fact that all of our workers compensation attorney in Los Angeles California working on a contingency fee. This means that they do not require payments for their services, at least not until you receive your workers compensation benefits. Only once your case is finished in your favor and you end up getting the benefits you seek, our attorneys will charge you based on a previously agreed percentage. This percentage is usually around 20 percent of your total winnings, but it is a something that can be negotiated based on the case and your injuries. Call us today, schedule your free initial consultation and learn more about the contingency fees.

Different Types of Injuries

Our attorneys can help you deal with many different types of workplace injuries, including:

• Head injury
• Brain injury
• Back injury
• Spine injury
• Arm injury
• Elbow injury
• Wrist injury
• Knee injury
• Foot injury
• Shoulder injury
• Ankle injury
• Loss of vision
• Radiation exposure
• Exposure to toxins and chemicals
• Burns
• Construction injury
• Loss of limb
• Emotional injury
• Carpal tunnel syndrome and repetitive stress injury
• Death

After receiving any of the above-mentioned injuries, your best and the safest option is to contact one of our Los Angeles Workers Compensation Attorneys. That way, you can focus on your recovery while an experienced legal representative will take care of your case and file a claim on your behalf.

Even in the case of death, the surviving family members have the option to collect death benefits. These can be up to $10,000, enough to help the family pay for the funeral and other costs. Money cannot replace a loved one, but it can help the family organize and pay for the funeral.

Consultation is Free

Don’t be afraid about hiring an attorney or scheduling an initial consultation. Our services are initially free of charge, and we require no down payments or any payments up front. We will only charge you once you have fully received your workers compensation benefit. In case you do not receive them after everything we have done, you won’t be charged for the attorney’s fees. You have nothing to lose by hiring an attorney, but increase your chances of winning everything.

Read More

Compensation for Paralysis After an On The Job Injury

If you received total or partial paralysis as a result of a workplace injury or while performing your regular work duties, you should know that you are eligible to receive workers compensation benefits.

Paralysis results from an injury to the brain or the spinal cord, and living with paralysis can be quite expensive. Average living costs of someone with paralysis can be anywhere between $1,000,000 and $2,000,000. Since you cannot work anymore, where are you going to get that much money?

The only solution is filing a workers compensation claim.

Who can File a Paralysis Claim?

Every individual who has been injured while performing regular work duties has the right to seek workers compensation benefits. The most common occupations where such injuries happen occasionally are:

• Driving
• Construction working
• Operating heavy machinery
• Mechanics
• Washing skyscrapers
• Moving furniture
• Most labor working

Depending on the type of the injury, you may be able to receive a greater or lesser sum of money through your benefits.

Normally, there are several types of paralysis that affect your claim:

• Monoplegia (paralyzed limb)
• Diplegia (paralysis of one body part – paralyzed both legs)
• Hemiplegia (single side of the body is paralyzed)
• Paraplegia (paralyzed trunk and two legs)
• Quadriplegia (paralyzed trunk and all four limbs)

If you are diagnosed with any of the above types of paralysis, you should immediately contact one of our On The Job Injury Attorneys in Los Angeles and seek their legal representation in obtaining the benefits you deserve. As your movement will be limited, the chances of staying in the same workplace are little to none. You are going to need all the help you can get, and obtaining workers compensation benefits will be the first step. Don’t take any chances, and ensure a positive outcome by contacting our attorneys.

Get Proper Medical Treatments

There are many different treatments and procedures for any work-related paralyzes. These treatments may involve:

• Occupational therapy
• Surgical procedures
• Limb removal/s
• Vocational therapy
• Physical therapy
• Mobility aids (braces, wheelchairs, mobile scooters)

The chances of fully recovering depend on the type of paralysis you obtained. However, in the majority of cases, full recovery is not an option. If you are lucky, you will recover partially at best and be able to continue with the majority of your normal life once the treatments are finished.

Partial Or Total Paralysis

Depending on whether your paralysis is total or partial, you will obtain a different type of compensation once your claim is successful. Individuals with a total paralysis usually obtain a higher sum, as they are going to require help for the rest of their lives.

However, success is not guaranteed even after the claim is filed. Without the right attorney, your claim will be denied and you will end up spending the rest of your life fighting with your condition and trying to obtain money to pay for the treatments and help.

Don’t take those chances! Call our Los Angeles On The Job Injury Attorneys today, and secure your benefits on time. You only have one chance to make things right.

Read More

What is the time limits for workers compensation claim?

When you accept a new job position, you accept the hazards that may come with the new position. No matter where you work or what you do, there is always a chance of obtaining an injury or developing a condition due to an injury from work. If and when that happens, you should be aware of workers compensation. It is a legal way of obtaining deserved compensation which (if granted) covers for your:

Enormous medical expenses

Lost wages (approximately two-thirds of your total lost wages, both past and the future)

Pain and suffering you endured since you got the injury

However, there are a few things that have to be done in order for you to receive your benefits. One of them is failing to report the injury or file for workers compensation within the given time. So the question is – how long does an injured individual have to file for workers compensation claim in Los Angeles?

Success Is Not Guaranteed

Whenever an accident at work happens, the injured individual becomes eligible to file for workers compensation. Even so, almost 50 percent of all injured individuals do not file for workers compensation. Some of the reasons involve:

Fear of losing their job

Being insecure

Not having (proper) legal guidance and counseling

Not knowing what to do

However, even those who do end up filing for workers compensation do not necessarily receive it. In fact, pursuing your compensation without a presence of an attorney is like entering a tunnel without a flashlight – without knowing where to go or what to do, you will quickly get lost. This is why it is recommended that you hire a skilled and knowledgeable attorney to guide you and help you secure your compensation. If you don’t have someone in mind, perhaps you should give one of workers compensation lawyers in Los Angeles a call. They offer a free consultation to every new client, and will definitely fill you in with every piece of information you need concerning the worker's compensation.

The Statute of Limitations

Every state in the US has a statute of limitations. This means that everything you file for has to be done within a certain period of time. In this particular case, if you received an injury or developed a condition from a work-related injury, you have to report the injury to your superiors within 30 days from the moment you received the injury. After that, your superiors have 5 days to file a workers’ compensation claim on your behalf with the insurance carrier. Once that is done, you will receive a confirmation letter within 2 weeks. The best and the only way to protect your rights at this point is to hire an attorney, Los Angeles Workers Compensation Attorney with the right resources and experience in handling and securing work comp claims; contact today and schedule your initial free consultation and they will help you recover and secure your rightful compensation in a timely manner.

Read More

Why Sometimes Employer Denies your Workers Compensation Claims?

Why does this happen, and what are the reasons behind it? Workers Compensation Attorneys in Los Angeles advise you to seek legal representation, as it may be the only way to obtain the compensation ever after your initial claim was denied.

Here are the main reasons why your employer or the insurance company may deny you workers compensation claim.

Breaching the Deadline

One of the most common things you can hear when your initial claim has been denied is that you have breached your deadline. Now in some cases, this may very well be true and if so, you have no other way of obtaining the compensation.

*Note* please pay attention to the deadline for submitting the initial claim. In most states, you have up to one year to submit the claim, but only around 30 days from the date of the injury to report it to your superiors.

However, a lot of the times the insurance company may just try to protect its interest, and when that happens, they may try and “abuse the system” by finding a reason to deny you your rights. This is why you need legal representation and someone who knows how to handle these situations. Our Los Angeles Workers Comp Attorneys will protect and enforce your rights, making sure that everything is done properly and according to the law. If you filed a workers compensation claim on time, yet it was denied for “breaching the deadline”, our attorneys will help you sue the insurance company, and potentially net you an even greater compensation.

Not a Work-Related Injury

Another common reason why your initial claim may be denied is the fact that you may have received the injury somewhere else, outside of work. This is where the disputes start, and this is where you and your attorney have to shine. Proving that your injury came from your workplace is not going to be easy; however, if you have any eyewitnesses or evidence that can support your claims, it will make things a lot easier for you down the road. Be sure to explore every option, and look for that one evidence that could turn the tables in your favor.

Los The Job First

Sometimes your claim may get denied if you filed it after leaving or losing the job. Even if you were laid off, that could be a strong reason for your employer to deny your claim. However, just because you were not working at the time, doesn’t mean that your employer could deny your claim. Perhaps you had a good reason for the delay. Maybe you were a victim of retaliation and got fired for those reasons; maybe you saw or heard something that you shouldn’t have and got fired before you could file a claim for the injury you previously received.

These things happen every day. The only way to protect your interests is by hiring a legal representative. Be sure to contact us as soon as you receive your workplace injury.

Read More

How to Differentiate between Workers Compensation Claims and Personal Injury Claims?

Every day, there are hundreds of injured working individuals all over California. According to the statistics, almost 50 percent of them receive compensation and benefits for the injuries they sustained. The other half does not. The reasons could be either a:

• Denied claim or
• Doing nothing

In fear of losing their jobs, many employees simply decide to move on without seeking any benefits or compensations for their injuries; however, those who do end up getting a substantial amount of money.

The essential thing to understand is the difference between a personal injury case and a workers’ compensation case. If you have trouble differentiating between the two, here is how you can know for sure which claim to file.

The Main Difference

The first thing you should consider is the following: is anyone responsible for your injury? Did someone’s negligence cause you to receive an injury?

If the answer is yes, then you are dealing with a personal injury and should file a personal injury claim. However, if you sustained an injury by accidentally slipping and falling or by operating a machine, you cannot really pinpoint a person and say that “they are responsible for your injury”. In this case, you are eligible to file for workers’ compensation. Speak with one of our Workers Compensation Attorneys in Los Angeles, schedule your initial free consultation and receive a free case review along with legal guidance you require in order to pursue the right claim.

Damages You Can Recover

Another thing you need to understand is the main difference in the compensation you can receive from both of these claims. With a personal injury claim, you can receive compensation for all the damages you have suffered, ranging from:

• Lost wages (past and future)
• Lost earning capacity
• Medical expenses (current and future)
• Permanent impairment
• Pain
• Suffering
• Loss of enjoyment of life

Additionally, your spouse can file an additional claim for loss of companionship. But again, someone’s negligence has to lead to your injury, and that someone will be responsible and at fault. Their insurance company will cover all your expenses if you win the trial or settle a good deal.

With workers’ compensation, you have to be aware that you will receive compensation for:

• Impairment (temporary, permanent)
• Weekly compensation based on your average weekly wages
• 2/3 of your lost wages
• Medical bills
• Vocational rehabilitation and retraining (if needed)

Workers’ compensation is basically an agreement between you and your employer, where you sign a form and lose the right to sue your employer or the company, in exchange for weekly compensation based on the injury you sustained. You have to act fast, as you only have a certain time period to report the injury and start the process. You are going to need a skilled and experienced attorney by your side in order to have your initial claim succeed. If you don’t have an attorney, consider getting in touch with one of our Los Angeles Workers Compensation Attorneys. They are the best chance you have of getting the compensation you deserve. Give us a call today!

Read More