When you are injured at your Los Angeles place of work, you have the legal right to file a claim under your employer’s workers’ compensation insurance. When filing this claim, you will most likely face paperwork and legal negotiation before you see any benefits start to come in. This is especially the case if the involved insurance company believes your claim is not valid. You might wonder, do all Los Angeles workers’ compensation cases end in a settlement?
This is a fair question, as you are likely concerned about receiving the benefits that you sorely need to recover from the harm you have suffered. It is vital that you are made aware of your rights in cases of California workers’ compensation so that you can better protect yourself and your chances of obtaining a fair settlement.
It is true that not all cases will end in a settlement, and you may need to bring your case before a judge. In these situations, the team at Diefer Law Group is here to help.
How to File a Los Angeles Workers’ Compensation Claim
If you suffer an on-the-job injury in Los Angeles, it is wise to begin the process of filing a claim for workers’ compensation right away. To file this claim and ensure its validity, you should take the following steps:
- Pursue Medical Care: As soon as you are injured on the job or discover your illness is related to your work, it is wise that you seek medical attention. Not only does this help your own health and safety, but it can also ensure the health and safety of any future claim you might have.
- Report Your Injury: You should report your injury to your employer immediately. The more time you waste, the less likely your chances are for a settlement. You should report the nature and the severity of your injury and the circumstances in which it occurred.
- Submit the Necessary Claim: Your employer will supply you with the necessary claims form. Fill this out, including all the necessary information, and give it back to your employer, who will submit the claim. Ensure that nothing is left out. A simple mistake or omission can lead to a denial of your claim.
- Wait for Insurance Review: Your employer’s insurance company will review your claim and determine how to proceed. In many cases, a settlement can be reached at this point, especially if you get an attorney on your side and have included all the necessary information and documentation.
- Following Action: If your claim is denied and a settlement is not possible, your attorney will have the ability to appeal this decision and bring your claims case to trial before a judge.
If you or a loved one have suffered a workplace injury, the greatest thing you can do for your chances at a fair settlement is to hire an attorney who can assist you in ensuring that all deadlines are met, an abundance of evidence and documentation is provided, and your claim is filled out and filed correctly.
What Situations Are Not Eligible for Workers’ Compensation
If you suffer an accident and subsequent injury at your workplace, you should file a claim for workers’ compensation. Thankfully, most of these situations will be covered by your employer’s insurance company, and you will receive a fair settlement. However, there are some circumstances where an insurance company will not pay, and you will not be eligible for a settlement. These circumstances include:
- At the time of the accident and your injury, you were under the influence of alcohol or drugs
- At the time of the accident, you were engaged in horseplay or roughhousing
- Your injury did not happen at work
What to Do in Cases of a Claim Denial
In most cases, a fair settlement can be reached by skilled negotiations performed by an attorney. However, if a settlement is not attainable, your attorney can bring your claim to a trial where a workers’ comp judge will decide the outcome of your case. You could seek additional compensation in these cases, or you might not be given any compensation at all. For this reason, having an attorney by your side is essential.
FAQs
Q: What Is the Average Workers’ Comp Settlement in California?
A: It can be challenging to offer an exact number as to how much the average workers’ comp settlement is as each case is different and will involve separate benefits. However, the most common forms of compensation in cases of workplace injuries include medical bills, lost wages, permanent or temporary disability, rehabilitation benefits, and benefits to the surviving members of a deceased employee.
Q: How Long Does a Workers’ Comp Case Take to Settle in California?
A: The length of a workers’ compensation claim largely depends on how complicated your claim is and the severity of your injury. If you gather the necessary evidence to support your claim, your settlement will likely be reached more quickly. However, if there is any reason for disputes to be raised about the nature and severity of your injury, it can cause the case to take longer to settle.
Q: What If I Don’t Agree With the Insurance Company’s Settlement Offer?
A: If you disagree with the settlement amount you are offered in your workers’ compensation claim, you have the right to file a legal appeal. To take this action, you must file an appeal petition and attend courtroom litigation to argue for the amount of compensation you believe you deserve. An attorney can help you do this.
Q: What Might Delay a Workers’ Comp Settlement in California?
A: There are several reasons why your workers’ compensation settlement might be delayed in California. These reasons include the existence of any incorrect or incomplete paperwork, a delay in your medical evaluation, any allegations of fraud against you, a lack of statements by witnesses, gaps in communication, and any disputes that might be raised in regard to the nature or severity of your injury.
Schedule a Free Consultation With a Workers’ Comp Attorney Today
If you or a loved one have suffered a workplace illness or injury and hope to receive benefits through a fair settlement, you need an attorney. The team at Diefer Law Group is here to help. Contact our team today to schedule your free consultation.
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