Workers Compensation in Los Angeles, CA

You aren’t alone if you ask “How does workers comp work?” Workers’ compensation is a type of insurance that provides wage and medical benefits to people who have become ill or injured while at work. The extent of workers’ comp coverage an employer is required to carry is governed by California state law. Thus, in trying to figure out how workers comp works, it helps to understand the laws on the books in the state where the business operates. If the injury or illness a worker sustains is eligible for compensation, the insurance carrier should help ease the financial burden the illness or injury created on the worker. Learn some of the basic principles of Los Angeles, CA workers’ compensation insurance, and how the process works.

Workers Compensation Statistics In Los Angeles, California?

Nearly 1.1 million people in Los Angeles work in trade, transportation, and utilities, according to the U.S. Bureau of Statistics. Alarmingly, 4.2 out of every 100 reported workplace injuries or illnesses to California’s Department of Industrial Relations in 2019. If the City of Angels followed California trends, approximately 46,200 people in one industry alone would have to apply for workers’ compensation. Also, couriers and messengers should take particular caution, as they have the highest rate of claims in the state.

How Does Workers Comp Work In Los Angeles, California?

Unfortunately, going through the process of applying for workers’ compensation begins with getting sick or injured on the job. The circumstances surrounding the incident that led to your problems are especially crucial. For example, the injury had to occur during your regular work duties. While an event that happens during your lunch break wouldn’t apply, getting into a car accident while running an errand for your boss would qualify for a claim. 

No matter how large or small, every employer in Los Angeles must carry workers’ compensation insurance. However, some exemptions are available for domestic workers, independent contractors, or sole proprietors. The numbers change each year, but the Division of Workers’ Compensation raised the minimum weekly payout by 3.84% and set a maximum of $1,299.43 per week in 2020.

For example, say your supervisor asked you to drop something off on your lunch break. While running this errand you then get in a car accident on your way to the destination. Any resulting injury is eligible for workers’ compensation. However, if you are on your lunch break, performing no such task when you get in an accident, it does not qualify for a claim.

The steps you take immediately following a workplace incident in Los Angeles, CA are critical for the purposes of filing a claim for compensation. Follow the following steps to preserve your rights and learn how workers comp works.

Get Medical Attention

After you get injured or feel ill, the first step is to see a doctor. Don’t delay seeking help from a Los Angeles, CA healthcare professional. This could not only jeopardize your health, but you run the risk of missing time-sensitive deadlines. Deadlines are essential in the workers’ compensation process. Having a proper medical report detailing the extent of the damage and how it occurred is the first step in the process. Your employer cannot file a claim with their insurance carrier without this information.

When dealing with a job-related illness, the symptoms and diagnosis may not immediately happen. You may find yourself attending regular checkups and testing for weeks or months before a doctor finally associates your illness with your job. Your doctor may make the determination that the illness is either the result of your work conditions or aggravated by them. Once they do, see your human resources representative to file a workers’ compensation claim.

File a First Report of Injury

The first report of an on-the-job injury or illness will provide the workers’ compensation insurance carrier with the details of the events leading up to the injury. In this report, you will provide your physical injuries, the medical treatment you received, and the facilities that provided it. It’s always a good idea to bring a copy of the doctor’s report to submit with the report of injury.

You have thirty days from a work-related illness or injury in Los Angeles to notify your supervisor in writing about the incident. Your employer then has five days to file an Employer’s Report of Occupational Injury or Illness after notification. The statute of limitations for a workers comp claim in California is one year. So if you believe that your condition is due to a prior event, act quickly or you could possibly risk a denial. If you were a minor when this event occurred, the one year time limit does not begin until your 18th birthday.

Timeline and Other Information

Once the California Division of Workers’ Compensation accepts your claim, a three-day waiting period begins. If your illness or injury keeps you away from work for more than two weeks, you will receive reimbursement. The time limit for claims is 104 weeks. But you should note, that time does not have to happen consecutively. If your doctor determines that you will suffer for the rest of your life, you may be able to apply for permanent disability.

Your employer should furnish you with information about the claims process. The adjuster or insurance carrier representative may want to speak to you at some point. Typically about the incident and any possible witnesses to the event. In the meantime, the workers’ comp insurer may begin paying medical benefits while the investigation into your claim continues.

Why You Should Hire a Los Angeles, California Workers’ Compensation Lawyer

While workers’ compensation claims may be straightforward for some cases in Los Angeles, California, in others, it may be more difficult. For example, your employer may decide to question whether you were hurt on the clock or your own time. It’s also common for a company to examine the full extent of your injury. Hiring a Los Angeles workers’ comp lawyer ensures that you have an advocate to fight for your rights as a victim.

Work With an Experienced Local Lawyer In Los Angeles, California

If you are hurt or contract an illness as a result of your job in Los Angeles, CA you need to find the right people to help. Since the workers’ compensation claims process can have pitfalls, you should consider getting a local attorney who knows how to avoid them. 

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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