TOP PERSONAL INJURY FIRM IN LOS ANGELES
In a perfect world, every workers’ compensation claim would go smoothly and every worker who is injured on the job would receive fair compensation easily and quickly. Unfortunately, this is not always the case. Workers’ compensation claims are handled by insurance companies. At the end of the day, insurance companies are businesses that have a goal: to settle claims for as little money as possible. While it’s generally easier to obtain compensation through a workers’ comp claim than it is through other injury claims, insurance companies may still not treat injured workers fairly. Insurance companies may request excessive amounts of proof before they will provide benefits or they may flatly deny a claim for reasons that do not make sense to the claimant. Employers can also sometimes make the insurance claim process more challenging for workers. They may try to stall a worker’s claim, try to avoid a worker’s claim, or may be generally uncooperative.
There can be many roadblocks in the way of filing a successful workers’ comp claim, but an experienced workers’ compensation attorney can help you overcome undue resistance and work to help you have the best possible claim outcome. A workers’ comp attorney will act as both your guide through the claims process and as your expert advocate. An attorney that specializes in workman’s comp will be able to help you understand what you need to do and when you need to do it. They can also help when others, such as an uncooperative employer, try to stall your claim and can negotiate with insurance companies on your behalf in order to ensure you recover the maximum compensation you are legally entitled to. Another valuable thing a workers’ compensation lawyer can help with is filing a third-party personal injury claim. Third-party claims have the potential to greatly increase the amount of compensation an injured worker receives. A workers’ compensation attorney can help you understand if you are entitled to file a third-party personal injury claim and handle your case when applicable, ensuring you don’t miss out on a legal option that could prove very valuable.
LA Lawyers Group represents workers’ compensation clients and personal injury clients on a contingency fee basis. This means that you will never pay a fee until we win or settle your case. Our contingency fee system allows injury victims to hire an attorney without worrying about being able to handle the upfront cost, since we simply do not charge upfront costs. We only charge attorney’s fees when we recover compensation for our clients through a successful settlement or jury verdict.
Types of Workers’ Compensation Cases
Our expert Los Angeles workers’ compensation lawyers can handle all categories of workers’ compensation benefits, including:
Our workers’ compensation attorneys also have an in-depth understanding of the nuances that may be involved in cases involving different types of serious injuries and their lifetime effects. Some common workers’ compensation accident injuries we can handle include:
Having a thorough understanding of how different types of accidents occur and cause injury is crucial to building a strong case for an injury victim. The attorneys at our law firm have a thorough, working knowledge of numerous accident case types, including common workplace accidents such as:
California employees who are injured on the job typically cannot sue their employer for their injuries. Generally, California employees can only recover compensation through filing a workers’ compensation claim. However, there are some circumstances that allow injured workers to pursue damages through a civil claim, either against their employer or against a third party.
When Can You Sue Your Employer?
In certain rare cases, an injured employee may be able to sue their employer for a work-related injury. In the State of California, there are five primary circumstances in which an employee may sue their employer for a work-related injury:
When Can You Pursue a Third-Party Injury Claim?
If another party (outside of your employer and coworkers) caused or contributed to your injuries, you may be entitled to pursue damages from that party by filing a third-party personal injury claim. There are many parties that could potentially contribute to a workplace accident. For example, if a defective product contributed to an accident that caused your workplace injuries, you may be able to pursue damages from the product’s manufacturer, designer, distributor, or seller. Some examples of other individuals and entities that could possibly contribute to a Los Angeles workplace injury include subcontractors, property owners, the City of Los Angeles, architects, and engineers.
If you think a third party may have contributed to your workplace injuries, a skilled personal injury attorney that specializes in workplace accidents can help you understand the best course of action in your case. Filing a third-party personal injury claim in a workplace injury case can be complicated, since it requires an expert understanding of how this type of claim may work alongside workers’ comp and may also require in-depth investigation. However, if you are entitled to file a third-party personal injury claim, making the decision to retain an attorney and do so can be extremely valuable.
Personal injury claims can allow workplace injury victims to pursue damages from another party and also allow them to recover different types of damages. For example, you cannot recover damages for pain and suffering through workers’ compensation benefits, but you can pursue them through a personal injury claim. Being able to recover these types of damages through a third-party personal injury claim can allow injured workers to recover far more compensation than they could have through their workers’ comp benefits alone.
In California, there are several strict timelines you must follow in order to ensure you retain all your rights to your workers’ compensation benefits. First, you must report your injuries to your employer within 30 days. Next, your employer must report the notice of your injury to their insurance company within 30 days. Then, you must file your actual workers’ compensation claim within one year.
California injury victims generally have two years to file a personal injury claim. So, typically, the victim of a workplace injury would have up to two years from the date of their injury to file a personal injury claim. There are some exceptions to this general timeline, however. One very notable exception involves cases in which a government entity would be named as the at-fault party in the claim. The statute of limitations for filing a personal injury claim involving a government entity is only six months.
Since the statute of limitation that applies to personal injury cases can vary depending on the unique circumstances involved in the case, it’s best to seek legal representation quickly if you think you may be entitled to file a third-party personal injury claim. If the limitation period that applies to your case ends before you file a claim, your right to file fully expires. It’s better to consult with a personal injury lawyer quickly to avoid losing the opportunity to recover damages for your losses simply due to a timeline expiration.
