Getting injured at work can be extremely difficult to navigate given that there are several...
Work compensation benefits are granted to employees who are injured at work. It not only covers accidents inside the workplace but also includes accidents that occur outside of your workplace, provided that you were doing work-related activities at the time. It also includes slip and fall cases and other premises liability injuries.
There are a lot of nuances in claiming workers’ compensation insurance benefits. If you want to know more about the employment and labor law rights in Los Angeles, including the coverage of workers’ compensation and how to claim them, seek the opinion of an expert Workers’ Compensation lawyer for guidance.
The main thing to remember when you get into a work-related accident is to never try to negotiate or claim your benefits on your own. You will likely lose your case due to some technicality or an overall lack of evidence. Be that as it may, take comfort in the fact that you can still file an appeal with the Workers’ Compensation Appeals Board (WCAB) for denials of workers compensation claims.
Generally, the law provides that if you have been injured on the job or contracted any work-related illness, you should be provided with compensation benefits through your employer’s workers’ compensation insurance. You have a right to be reimbursed for all your medical treatment costs, medications, and future medical care. With the help of an expert workers’ compensation attorney, you can even obtain compensation for any pain and suffering (as well as other non-monetary losses) you may have sustained during the ordeal.
In the state of California, injured workers are absolutely entitled to payments and other non-cash benefits when they get hurt at the office or while performing any work-related task—regardless of who is at fault. Nonetheless, claiming the foregoing benefits and other damages may not be an easy and straightforward task if you are unfamiliar with workers’ compensation laws and its many nuances. If you are having trouble getting the benefits you deserve, seek help from Mesriani Law Group so you can work with some of the best workers’ compensation lawyers in Los Angeles. Our law firm has already obtained hundreds of millions in damages for all our clients, and we are prepared to do the same for you.
WHAT IS WORKERS COMPENSATION?
Workers’ compensation is an insurance obtained by employers to pay for damages and injuries suffered by employees while on the job. It is the employer’s responsibility to ensure workplace safety at all times, so if an employee is injured at work, they are entitled to paid medical treatment, disability payments, and other workers’ comp benefits.
HOW TO KNOW IF YOU ARE QUALIFIED FOR WORKERS’ COMPENSATION INSURANCE
Workers’ compensation covers not only accidents inside the workplace but also any accidents suffered by employees outside work premises—so long as said employee was fulfilling work-related duties at the time. Examples are traffic accidents while going to a meeting or delivering something outside of work, slip and fall cases, machinery accidents, and even workplace violence.
CALIFORNIA’S NO-FAULT WORKERS’ COMPENSATION PROGRAM
Workers’ compensation in California employs a “no-fault” system. This means that if an employee is injured or becomes gravely ill at work, there is no issue as to who is at fault or who was negligent. Thanks to this “no-fault” insurance system, you can claim paid medical care and other benefits even if your own negligence caused your work-related injuries. The basic premise is, for work-related injuries, your first protection and assistance would come from the workers’ compensation insurance benefits.
For any damages and losses not covered by the insurance, you can seek the rest from your employer through civil damages claims.
PROBLEMS FACED WHEN CLAIMING WORKERS’ COMPENSATION BENEFITS
Employees who are seeking workers’ compensation benefits often lack knowledge about their rights and the laws of Los Angeles. They often don’t know how to do it properly or even where or how to start. This is why it is important to find a workers’ compensation lawyer immediately to advise you throughout the process.
The second basic problem often encountered when seeking work comp benefits is either their employer failed to obtain insurance for the employees or the employer refuses to use it for their employees because of fear of an increase in premiums.
Finally, the third most common problem is retaliation by employers. In Los Angeles and all throughout California, workers’ compensation is mandated by law to be provided to all employees who have been injured or rendered disabled while at work. These benefits give injured employees a fixed budget in order to be able to get by while getting treatments and restoring their health (and life) to its pre-injury state. However, there are some employers who are less understanding or outright crass in treating their employees. In some cases, they may even retaliate against the employee.
Seek out an experienced workers’ compensation lawyer to take care of this kind of situation so the case is handled properly.
HOW TO CLAIM WORKERS’ COMPENSATION BENEFITS IN CALIFORNIA
The basic principle in providing proof for your claim is simple—in claiming employment compensation in California, the only thing you need to prove is that you are an employee and that you suffered injury, disability, or illness while performing work for your employer. Nonetheless, knowing that you have a benefit that you can claim in case of an accident at work is different from actually obtaining the said benefit to help you in your time of trouble.
Gathering proof and properly going through the process of presenting them in the proper forum are still crucial to obtaining your claim. Thus, make sure to find a good Los Angeles workers’ compensation lawyer to ensure that the process goes smoothly and that you get the best outcome. MLG has some of the best employment and labor law attorneys group in LA, California who can guide you and assist you in making sure that you get the maximum benefit you deserve at the swiftest time possible.