Frequently Asked Questions
Los Angeles Workers' Compensation Claims
Q: Is my employer required to have worker's compensation insurance?
A: Yes your employer is required by law to pay for workers' compensation insurance. The basic benefits that workers' compensation insurance provides are; medical care, temporary disability benefits, permanent disability benefits, supplemental job displacement benefits or vocational rehabilitation and death benefits.
Q: What if my injury at work was partially caused by my negligence?
A: You are still eligible to receive workers' compensation. California requires that workers' compensation is a no-fault system, which means you do not need to prove your injury was someone else's fault in order to receive benefits.
Q: Do I have to wait to treat my work injury?
A: Injured employees are entitled to receive prompt medical treatment. In exchange the injured worker cannot directly sue their employer.
Q: Is there any other legal remedy against my employer besides workers' compensation?
A: Workers' compensation is usually the only legal remedy. This is because there is a compromise made between employee and employer; the injured employee can easily receives treatment and benefits for the injury but in return cannot sue the employer individually. This reduces tension in the workplace by creating a predictable method for resolving employer-employee conflict.
However, some exceptions exist which allow alternative legal remedies. If the employer acted intentionally which caused the injury to the employee, then the employer may be sued personally. Other times when the employer acted maliciously and that action caused the workplace injury, then additional legal remedies are available.
Q: Can I choose which doctor I want to see?
A: Many times the employer's insurance company has a Medical Provider Network which requires the injured party to visit the doctors in that particular network. The injured worker will then choose from a list of approved providers and receive treatment from them.
Q: What if my claim for workers' compensation is denied?
A: There is typically a review agency or appeals board that can review the decision.
Q: What is the amount of attorney fees in workers' compensation claims?
A: If there is no recovery there is no attorney fee. The attorney receives a percentage of the settlement or award at the end of the case. If a person chooses to be represented by an attorney, the attorney fees will be deducted from the settlement at the end. The fee has to be approved by the Workers' Compensation Appeals Board.
Q: Should I trust the doctor that my employer is sending me to?
A: It would be wise to not completely rely on what that doctor is concluding your medical conditions are. Seeking a second independent opinion is a good alternative to verify the previous doctor's medical conclusions.
Q: What if the injury I have was discovered after a while and I don't know exactly what caused it or when?
A: Any injury caused by your employment even if discovered after the actual injury occurred is actionable. Many injuries develop not from one single event but over time and deteriorate your condition.
Q: Can I lose my job for filing a workers' compensation claim against my employer?
A: No. If your employer decides not to employ you after the claim is file and full recovery from injury, you may have another legal claim against them.
Q: Should I get an attorney to help me with my workers' compensation claim?
A: Yes. An experienced attorney will not allow the insurance company to withhold benefits from you or allow them to take advantage of you.
Contact a Los Angeles workers' compensation attorney at our law offices today!