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!

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How Much Time After Accident On The Job Can I File For Workers' Comp?

In California, every employer with one or more employees should have a workers’ compensation insurance. This serves as a protection against all work-related injuries, and allows the injured employee to file for workers compensation benefits.

When injured, it is your duty as an employee to do the following:

• Seek immediate medical attention
• Report the injury to your superiors
• File a workers compensation claim

We are contacted by dozens of injured employees every day, and the most common question they have is how much time after an injury on the job Los Angeles do they have to file for workers’ compensation?

Here are a few facts that will help you answer the question.

The Different States Have Different Laws

Almost every state within the US has different time limits for workers compensation. In some states you have up to 6 years to file a workers compensation claim; in others, you have only 1 year from the date of the injury.

In California, you have only 365 days from the moment of the injury to file a claim. Keep in mind that it is not from the moment you reported the injury to your superiors, or from the moment you received your medical treatment, but from the moment you received an actual injury.

For more information, feel free to contact one of our workers compensation lawyers; call today and schedule your initial consultation, completely free of charge.

Failure To Report an Injury

Several things can affect your claim. For example, if you fail to report the injury within 30 days, you will not be eligible to file for workers compensation claim. It is very important to contact your superiors (or have someone do it for you if you are hospitalized) within 30 days in order to be eligible to receive workers comp benefits.

If you fail to visit the doctor’s office, you will also have problems getting your worker's compensation benefits. A doctor’s report is a very important evidence, and without it, proving that your injury originated from work will be nearly impossible. Be sure to visit an appointed doctor as soon as you receive the injury.

*Note that you cannot visit your own doctor if you haven’t previously submitted a written request. You can only visit one of the appointed doctors by the insurance company.*

One Year is Plenty of Time

Assuming that you reported the injury to your superiors and visited a doctor, you have plenty of time to recover from your injury, finish with your treatments and then consider your next move. We encourage you to contact one of our highly experienced Workers Compensation Attorneys in Los Angeles so that they can help you build a strong claim, one that is filled with all the evidence needed to win you the benefits you deserve. Let our attorneys take care of it for you; with their help, you have a higher chance of getting the compensation you deserve.

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Most Common Mistakes When Hiring Workers Compensation Attorney

Once you receive an injury at your workplace, you will most likely be prevented from performing any work and earn any wages until your injuries have fully healed. Depending on the injury, you may spend a month in a hospital, a few months, or even a few years. Some people never recover from their injuries (developing a condition, losing a limb or the ability to see/hear/speak).

Once you receive the injury, you should seek workers compensation. However, there are certain mistakes you should avoid when hiring an attorney.

Don’t Rely on Personal Connections

No matter what you heard from a friend or a family member, think twice before hiring an attorney to represent you. Think about all the things that are at stake, and everything that you can win or lose if your attorney is successful or not.

Even though this may sound like the most convenient way of obtaining legal representation, it is definitely not the best way of doing it.

Instead, you should schedule multiple consultations (as most of them are free) with different attorneys, and “evaluate” all of them. Ask them questions about their experience, previous work, about themselves and their interest in your case. It won’t be long before you find the one that fits your needs the most.

Do The Research

Instead of focusing on the ads you see on the TV or on the local billboards, do your research. Contact the people you that have been through this and see what they did to find the best attorney possible.

Also, you could contact an experienced law firm and get all the information you need directly from them. Our workers compensation lawyer in Los Angeles will happily answer all your questions, and help you understand the situation you are in and the options that you have. Finally, it is up to you to decide which attorney you will hire, and in what direction do you want your claim to go.

Negotiate The Settlement Fees

When speaking with an attorney, you can learn multiple things at a time. For instance, if the attorney avoids talking about the fees or promises you a certain amount of compensation, it is most likely a scam, or the attorney has no experience in the matter.

With an experienced attorney, you will be able to negotiate the settlement fee. This involves all the percentage that the attorney will receive once you fully receive your workers compensation benefits. Most of the good attorneys will offer you approximately the same terms, and it is up to you to try and negotiate the settlement and find the one that works the best for you.

Our Los Angeles Workers Compensation Attorneys at Law Offices of Kropach & Kropach advise you to always try and lower a few percents of the deal so that you end up receiving more at the end. Even a 5 percent will make a huge difference in the end, as you will need every dollar you can get to continue with your life. Getting back on your feet can be quite difficult, so it is best to ensure that you have as much money available “just in case”.

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