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.

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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.

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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.

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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.

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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.

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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.

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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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What Types of Benefits You can get for Work Injury?

It is no secret that injuries in the workplace happen every day. It can happen to everyone, regarding of their working position. Every worker in California who receives an injury at the workplace is entitled to receive workers compensation.

Most people don’t know what workers comp is, and those who do know are not sure what it covers. Listed below are all the benefits that you should fully receive after filing for workers’ compensation, listed in no particular order.

Medical Care

To start with, probably the most important question people ask is – does workers’ compensation cover medical expenses, medications, and therapies? Yes, yes, yes!

From the moment you are taken to the hospital until the moment you are fully recovered and back to work, every care that is provided to you will be fully paid by your employer’s insurance company. Even if you never fully recover and require long-term therapies or surgeries, that too will be covered by workers’ compensation.

Have you received an injury at work? It would be a good idea to contact one of our Workers Compensation Attorneys in Los Angeles as soon as you are able to. Give us a call during business hours, schedule your initial free consultation, and learn how you can increase your chances of securing your benefits.

Disability Benefits

California provides 4 different types of disability benefits to its injured individuals:

• Temporary Partial Disability Benefits
• Permanent Partial Disability Benefits
• Temporary Total Disability Benefits
• Permanent Total Disability Benefits

After you are diagnosed and treated, you will know whether or not you qualify for one of the above-listed types of benefits. In case you do, your attorney will include it in your workers’ compensation claim.

Lost Wages

Were you unable to work due to your injury? Have you lost your wages for a longer period of time? Are you still going to lose them in the future? If the answer to at least one of these questions is yes, you are eligible to receive compensation for your lost wages. Usually, it is 2/3 of your lost wages calculated based on your average weekly wages.

To understand the full value of your compensation, you should talk to your attorney. If you don’t have one, we encourage you to hire one straight away. Give one of our Los Angeles Workers Compensation Attorneys a call today, and receive all the help you need in securing your worker's compensation benefits.

Pain and Suffering

Most states provide compensation for the pain you endured while being injured. Again, this is hard to calculate, but with a help of an experienced attorney, everything can be done in a timely manner. Receive the help you need today, and find out just how much you can get for all the pain and suffering you endured.

Death Benefits

In case of death, the family of the deceased can receive death benefits which will cover for the funeral and other expenses, as well as provide the family with monthly (or weekly) wages based on how much the husband used to earn. This money can never replace the loving one, but it is necessary to help the family with the expenses.

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Workers’ Compensation Benefits: What Types of Benefits are Covered?

Have you received an injury while performing your everyday work duties? If so, you may be eligible to receive workers’ compensation. There are hundreds of injured individuals every month in California, and only those who seek compensation may get it. It is not something you automatically receive after getting injured.

Did you know that almost one-half of all workers comp claims are initially denied by the insurance company?

With that in mind, you should probably hire Los Angeles Workers Compensation Attorneys to help you through the process, and ensure that you do receive your money.

But, what benefits does workers compensation offer?

Fully Paid Medical Coverage

Every injured employee who got injured while performing regular work duties is to receive fully paid medical care issued by the employer’s insurance company. This medical care will cover the following:

• All initial medical costs
• Hospital Stays
• Additional care (if needed)
• Prescription drugs and medication
• Travels to and from the doctor’s office
• Prosthetics
• Surgeries
• Rehabilitation

Keep in mind that you won’t have to pay for anything, and if you end up doing so, you may be reimbursed when the process is done and your claim is approved. To be sure that it gets approved, you should seek help from Los Angeles Workers Compensation Attorneys. They are a group of experienced individuals who have over 100 years of combined experience and who have recovered over $1,000,000 in claims for their clients.

The initial consultation is completely free of charge. Give us a call at any time and we will provide you with a case review and legal guidance.

Disability Benefits

Other Types of benefits one can receive for receiving an injury at work are disability benefits. There are 4 types of disability benefits one may receive:

• Temporary Total Benefits (if the employee ends up being temporarily and completely disabled by the injury and unable to perform regular work duties or any work at all)
• Temporary Partial Benefits (if the employee received a partial disability like for example ended up with a broken arm)
• Permanent Total Benefits (If the employee can never again work due to disability caused by the injury)
• Permanent Partial Benefits (if the employee ended up with a permanent impairment that prevents him from doing some jobs; for example, hearing loss)

Based on the type of the employee’s disability, he may receive different payments from workers compensation. The more serious the injury and its consequences, the better the benefits. Speak with your attorney to learn more about disability benefits and disability payments. If you don’t have one, it is highly advised to hire one as soon as possible to avoid any complications and avoid getting your claim refused. Call Workers Compensation Attorneys in Los Angeles today and schedule your initial free consultation.

Death Benefits

In case of death, the family of the deceased may collect death benefits. These benefits are paid to the spouse, minor children and other dependents. They involve funeral costs and will cover for all additional expenses surrounding the funeral.

Workers compensation benefits may be hard to get on your own. This is why it is important to have a good and experienced attorney by your side when filing a claim. Secure your benefits on time; give us a call today! 818-609-7005

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Worker's Compensation for Heat-Related Injuries

Ok, in early March it may not seem like the heat is going to be a problem any time soon but, in just a couple of months, temperatures in California could mean that working out of doors, or in a physically demanding role, becomes uncomfortably warm and, perhaps, even contributes to you developing an on the job injury attorney in Los Angeles or illness. Although your employer, and the insurance provider, may argue that a pre-existing health condition is the cause of your heat-related illness or injury, the truth is that you are entitled to claim worker’s compensation, even where a condition already existed. To qualify, you must be able to prove that the heat triggered or exacerbated your condition. As anyone who’s done manual labor in California in the summer months knows, that’s entirely possible.

Workers' Rights in Hot Weather

When you work in Encino, another part of California or, indeed, pretty much anywhere in the United States where it’s likely to get hot, your employer has an obligation to keep the workplace as safe as possible. Just as it wouldn’t be acceptable for them to supply unsafe equipment, or ignore hazards in you place of work, failing to take steps to enable employees to avoid heatstroke is an offence under Californian law.

While it’s hot outside, to minimize your risk of sustaining on the job injuries because of the heat, your employer must:

Write, and implement, procedures which comply with the Cal/OSHA Heat Illness Prevention Standard

Provide shade for workers to rest for regular 5-minute periods. Workers should also be encouraged to seek shade regularly, rather than waiting until they feel the heat is affecting them

Provide at least one quart of water per hour for each employee, and proactively encourage employees to drink

Provide training for all employees, supervisors and managers about working safely in hot weather, and how to prevent heat-related on the job injuries

If you have a pre-existing condition, you should make sure to take any steps necessary to prevent it from being worsened by the heat, as well as following your employer’s advice about general hot weather safety. This will ensure that, should you experience an on the job injury or illness, any worker’s compensation claim you file cannot be denied on the grounds of the pre-existing health condition.

Do You Need an Encino on the Job Injuries Attorney?

If you have tried to claim worker’s compensation for any of the qualifying on the job injuries or illnesses, only to have it refused, accepting the rejection is not your only option. An experienced Los Angeles on the job injuries attorney can utilize extensive legal knowledge and relevant experience to help secure the workers compensation you’re entitled to.

To find out just how much of a difference an on the job injuries attorney could make, whether your claim is based in Encino or elsewhere in California, call us today on 818-609-7005 to schedule a free consultation.

At the Law Offices of Kropach & Kropach, we are committed to getting the best possible outcome for you and your on the job injuries claim.

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How to get Social Security Disability Insurance in Los Angeles?

Social Security has become one of the most significant sources of income for many disabled American workers. So if you are in this group, you probably expect to receive full benefits for all your disabilities. However, only individuals with qualifying disabilities who meet certain medical criteria can collect these benefits. Among the most common requirements are, being insured, which means you have worked for a long time and also paid your taxes.  If you have been injured the workplace, ask your Los Angeles Social Security disability attorney how you can recover these benefits.

There are two Social Security Programs, the Social Security Disability Insurance and the Supplemental Security Income. Disability under these programs is different than disability under other programs not linked to Social Security. Some requirements include:

• You are unable to work like before.
• You can’t assume other responsibilities at work due to your medical condition.
• Your disability is expected to last over a year or lead to death.

What about when your application is denied?

When you apply for social security, your information is collected. As long as you meet their criteria you should be fine. However, if your application has been denied, make sure you hire a qualifying advocate to handle your case. There is always the Internet appeal section on their site but you need to gather the right information. Whether your application was denied for medical reasons or any other reasons, the appeals process can be complex and most times workers don’t have the time or aren’t fully equipped to handle it. You will be asked for a lot of information related to your medical condition and any treatment you have received, such as doctors visits, tests, and so on.

Medical eligibility

Your medical condition must also meet Social Security requirements. Remember these benefits are only eligible to workers with long-term disability.  Your condition should have interfered with work activities and lasted for at least one year. Total disability is when you can’t perform a lot of work to sustain yourself.  If you are making $1,180 a month or $1,970 for blind applicants, you may not qualify to receive benefits.

Approval

You will start receiving disability benefits five months after the approval. This five-month waiting period is to ensure that your disability is legit. Also, some conditions require long-term treatment. Applicants are generally approved for six months and they may have to appeal to get approved. If you receive a disability check every month, you will need to pay taxes on it. In some cases, family members will also qualify to receive monthly benefits.

A phone call can change the outcome of your case

For more information about how to appeal your Social Security denied claim, call us and schedule a confidential meeting with a Social Security disability attorney in Los Angeles.

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I Pulled a Muscle, Can I Get Workers Compensation?

If you've been injured in the workplace, however severe or minor the injuries may seem, you could be entitled to worker's compensation. Unfortunately, your employer's insurance company may make this process more complication than it needs to be, often denying valid claims on rather spurious grounds. If you've suffered a muscular or other injury at work, only to have your worker's compensation claim denied, don't give up. Don't march into your boss' office demanding payment either – your best course of action is to consult an experienced workers compensation attorney in Los Angeles.

What Should I Know About Workers Compensation?

As we've mentioned, sometimes insurance companies can appear to be trying their best to deny valid workers compensation claims and, in other cases, a simple administrative error could leave you without an income while you recover from your injuries. However, you should be aware that there are limits to worker's compensation, in terms of what you're entitled to and what the compensation covers.

If your injury was caused by your work, and is a qualifying injury, your worker's compensation payments will cover all medical bills relating to diagnosis and treatment of your condition. An experienced workers compensation defense attorney Los Angeles can help you to recover loss of earnings, which is normally calculated at two-thirds of your regular wage.

Before approaching a lawyer about your worker's compensation cause, you should know that the following five conditions will normally disqualify you from claiming:

• Being under the influence of drugs or alcohol when the injury happened
• Self-inflicted injuries. For example, this may include not paying due attention to your work, or starting a fight with a co-worker
• Committing a crime or taking part in illegal or criminal activities at the time when the accident or injury occurred
• Not being in the workplace, or completing tasks other than those required for your job at the time when you sustained your injury
• Violating company policies or procedures at the time of injury

Consulting a Encino Worker's Compensation Attorney

Assuming your injuries aren't disqualified by any of the conditions mentioned about, you need to consult an experienced worker's compensation attorney who can pursue your best interests and help protect your rights.

Worker's compensation claims can be complex, particularly as the injury may not be immediately obvious. Certain long-term health issues can take time to develop, such as chronic back problems, stress, or lung problems caused by working with hazardous materials. As well as this, the requirement for injury to occur in the workplace doesn't necessarily mean you need to have been in your usual place of work – injuries incurred on work trips can also qualify.

If you feel you could benefit from the expertise of a worker's compensation attorney, our Los Angeles team can review your individual case and make relevant recommendations. We recognize that you, and your case, are unique, and will always treat you as such. To arrange your free consultation, contact our workers compensation lawyers on 818-609-7005 today.

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Suffering a Serious Injury at Work and Insurance Company Offer You a Lesser Deal?

For an employee, the most important thing is safe and productive work environment. Sadly, safety regulations are often disregarded or not improved, and injuries happen every day.

Statistically, dozens of employees all over California get injured on a daily basis. To make things even worse, some of them are denied their medical insurance and are unable to continue to work.

If you were in that situation, what would you do? Would you seek legal help?

Suffering a serious injury at work may have a huge impact on your life. With no monthly income, the real struggle begins. Luckily for you, there is a way out of this situation. If you suffered an injury while performing your regular work duties, you may be eligible to receive workers’ compensation. Speak to workers compensation lawyer in Los Angeles today, and learn more about your case.

Prepare yourself for a long and exhausting process

After receiving an injury at work, the first thing you should do is see a doctor. Your health is your number one priority, so focus on your recovery.

The next thing you should do is file an injury report with your manager or supervisor. You have to act immediately and report the injury within 30 days. If you are unable to leave the hospital and do it yourself, have someone else do it for you. In some cases, you may get additional 30 days to report the injury depending on the nature of your injury. Failing to report the injury will most likely result in negative consequences, as you may lose the opportunity to receive financial benefits.

As soon as you report the injury, we encourage you to contact us. Our skilled attorneys will help you file a claim properly, help you if the initial claim is denied, and ensure that you are given the highest compensation possible. With legal help, you will be protected from manipulation and mistreatment.

It is known that the insurance company may offer you a lesser deal, or try and intimidate you in order for you to give up on your benefits. Without proper legal representation, this is what is likely to happen.

Accept no less than what you deserve! Seek our help today, and let’s work together on getting you the financial benefits you deserve.

Missing medical benefits? We will take care of that

Every employee who got injured at the workplace is entitled to receive free and fully paid medical insurance, provided by the company or the employer’s insurance company. If your medical insurance was denied, contact us immediately. Santa Clarita Workers Comp Attorneys will protect your rights, and represent you aggressively.

Based on the nature of your injury, you are entitled to receive medical coverage for your hospital bills, prescription drugs, and medication, reasonable surgical and medical services, orthopedic appliances and prostheses. If you are situated far from a health care provider or a hospital, your attorney may help you receive compensation for the travels to and from the doctor’s office.

Denied claim? Give us a call!

If your initial claim was denied, don’t despair. As complicated as the process may seem, there is a way around it. Get in touch with one of our highly experienced and professional Workers Comp Attorneys in Santa Clarita, and schedule your initial free consultation. Our attorneys work on contingency, meaning that you won’t have to pay the attorney’s fees if the case is not successful.

Don’t take “NO” for an answer! Your best shot at recovering your financial benefits is with a skilled attorney by your side.

No matter what the reason is behind your denied claim, we know the law and we will enforce it protect your legal rights. Give us a call today for free consultation!

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Major Workers Compensation Fraud Ring in California: What to Do if You Are the Victim?

In what has become a massive California-wide workers’ compensation fraud ring, 10 attorneys and 6 others were charged with felony fraud after their scheme affected more than 33,000 patients and victims of workplace injury and resulted in an estimated $300 million in insurance payouts. Victims of the mammoth fraud ring in Southern California could now become part of the investigation, while the insurance payouts received by patients would be considered part of the fraud ring.

The Orange County District Attorney’s Office filed felony charges against the 10 attorneys who targeted mostly Spanish-speaking communities, but further investigation may lead to more charges.

Our workers compensation attorney in Los Angeles are closely examining the developments in the case, as the charges could effect tens or hundreds of thousands of California residents who received insurance payouts in the past over a decade.

A workers compensation lawyer here at the Law Offices of Kropach & Kropach, a reputable Californian law firm that has practices in place to prevent any type of fraud or felony on the part of its employees, explained that fraud rings like this drive up the prices of workers’ compensation insurance while alienating businesses from the state.

How did the fraud ring pull it off?

The fishy fraud ring was allegedly operated by Carlos Arguello III, of Tustin and Edgar Gonzalez, of Anaheim. Through a company called Centro Legal Internacional, which was registered as an advertising company, Arguello signed contracts with an estimated up to 30 attorneys who were ‘experts’ in the field of workers’ compensation and personal injury.

These so-called experts cooperated with businesses owned by Arguello and Gonzalez by providing them with employees, also referred to as cappers. These cappers, who were paid by the attorneys their monthly fees for recruitment efforts. Focused on bringing in a minimum number of clients per month.

These clients, innocent victims of workplace injuries mostly from Hispanic neighborhoods, received business cars, fliers and others printed means of advertisement encouraging victims of workplace injuries to call and get a “free consultation.”

Within two days after the call, cappers sent their recruiters to the victims’ homes to offer them to sign legal papers. However, these legal papers were not prepared nor were they looked over by the attorneys (the cappers’ contractors).

When signed, the legal documents were forwarded to the attorneys and the medical providers who participated in the fraud ring. After settling these workers’ compensation cases, the attorneys received a flat percentage straight from the insurance companies.

As a result, an estimated over $300 million in insurance payouts were generated by the fraud ring (the exact percentage of the payouts that went to the attorneys, or Arguello, or Gonzalez is unclear at this point).

Not all workers’ compensation attorneys are frauds

While attorneys are allowed to advertise their services through business cars and fliers, our Encino workers compensation attorney explains, they are not allowed to use cappers to directly recruit for attorneys or insurers.

As the district attorney’s office ruled that the use of cappers is illegal, all of the insurance payouts would be considered part of the fraud ring. While the investigation is ongoing, it’s unclear what this could mean to the legitimate victims of workplace injuries who received insurance compensations.

The 16 people charged so far face the following felonies: insurance fraud, conspiring to refer clients for compensation, as well as referring patients with reckless disregard for the commission of fraud.

Here at the Law Offices of Kropach & Kropach, we prohibit the use of cappers or any other fraudulent practices that may involve referring patients with reckless disregard just to get a commission.

Our workers compensation attorneys in Encino and elsewhere across California are skilled and vetted professionals who have obtained compensations for their clients lawfully.

We have established ourselves as a credible and professional team that prioritizes the best interests of our clients.

If you suffered a workplace-related injury, don’t hesitate to consult with a workers compensation attorney to get the compensation you deserve. Call our offices at 818-609-7005 for a free case evaluation.

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