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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