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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