Los Angeles hosts many tourism destinations, high-end retail, and is one of the largest economies in the United States. It’s possible for work injuries to happen in many ways, and any worker who suffers an injury at work needs to know what to expect from the workers’ compensation system. You may qualify to receive benefits, but what is the waiting period for workers’ comp in Los Angeles, CA?
What Is the Waiting Period for Workers’ Comp in Los Angeles, CA?
Workers’ compensation insurance is a valuable economic lifeline for anyone who suffers an injury while working in Los Angeles. A successful claim can help the injured worker recover, but there are limits to how much compensation they can receive. Additionally, there are strict eligibility requirements for receiving these benefits.
You must report a workplace injury to your supervisor within 30 days; otherwise, you will be disqualified from benefits. It is generally ideal to report a workplace injury right away. This will ensure there will be an incident report on file and that you meet the reporting requirement. Once you have reported the injury, your supervisor should provide the forms you will need to submit your claim to their insurance carrier.
Dealing with insurance companies is rarely easy in any capacity, and you may wonder what the waiting period for workers’ comp is in Los Angeles, CA? The answer is only three days, and then temporary disability benefits will begin to be paid. This may sound straightforward, but many injured workers in California encounter unexpected challenges with their cases, so it is important to have an experienced attorney help you file your case.
Eligibility for Workers’ Compensation in Los Angeles
The Bureau of Labor Statistics recorded 363,900 nonfatal workplace injuries from private industry employers in California in 2023, and 236,700 of these were severe; 439 fatal work injuries were recorded that year. Whether you are seeking benefits for your own injury or pursuing a claim on behalf of a fatally injured family member, it is important to understand the eligibility requirements for workers’ compensation benefits in California.
State law requires almost all private employers to have workers’ compensation insurance, and most regular employees are covered by their employers’ policies. Your injury qualifies for workers’ compensation benefits as long as the injury happened while you were performing your job duties or as a direct result of performing those duties. It is not necessary to prove fault for a workplace injury in order to qualify for workers’ compensation benefits.
The goal of workers’ compensation insurance is to help the injured worker recover while protecting the employer from liability for the injury. An injured claimant can receive full medical expense coverage from their employer’s insurance carrier, and disability benefits are paid if the injury causes the victim to miss work during recovery.
It is also possible for disability benefits to be paid on a partial basis if the claimant can still work but cannot earn their usual income due to their injury. The waiting period applies to most cases, and an experienced Los Angeles workers’ compensation lawyer is an invaluable resource who can explain the other details you must address with your case. Reach out to the Diefer Law Group today to learn how we can help with your workers’ compensation claim in Los Angeles.
FAQs
Q: Is There a Waiting Period for Workers’ Comp in California?
A: Yes, there is a three-day waiting period for workers’ comp in California, meaning temporary disability benefits can begin to apply three days following an injury. Typically, temporary disability benefits will kick in on the fourth day following an injury at work if the injury causes you to miss three days of work. If you have questions about the waiting period that will likely apply to your case, consult a workers’ compensation attorney.
Q: What Is the 90-day Rule for Workers’ Compensation in California?
A: The 90-day rule for workers’ compensation in California pertains to the time an insurance carrier has to reply to your claim. The insurance company is required to issue you a response to your claim within 90 days; otherwise, the claim is considered to be automatically approved. Insurance companies will sometimes attempt to delay claim processing, but an experienced attorney can help to ensure your claim is handled correctly.
Q: How Much Can I Receive in Workers’ Compensation Benefits?
A: The total amount you can receive in workers’ compensation benefits depends on the severity of your injury. If your claim is approved, the insurance company should cover the cost of the medical care you require, and they should also pay disability benefits based on your remaining functional capacity to work. It’s possible to receive partial disability benefits or total disability benefits based on the severity of your injury.
Q: Does Workers’ Compensation Cover Pain and Suffering in Los Angeles?
A: No, workers’ compensation does not cover pain and suffering in Los Angeles. A successful claim can provide medical expense coverage and compensation for your inability to work with disability benefits. However, if you have grounds to file a third-party personal injury case, it is possible to secure pain and suffering compensation from the defendant who caused your injury, enhancing your total recovery.
Q: When Should I Speak to a Los Angeles Workers’ Compensation Lawyer?
A: You should speak to a Los Angeles workers’ compensation lawyer as quickly as possible after your workplace injury. Having an attorney help you with your claim can significantly reduce the time you will need to wait to receive your benefits. Your attorney can help you file the claim and resolve any disputes you encounter with your employer and/or their insurance carrier. They can also ensure you receive maximum benefits, enhancing your recovery.
Get in Touch With Us Today
The attorneys at the Diefer Law Group have years of experience handling a wide range of complex cases, and you may have concerns about your case beyond how long you may need to wait to receive your benefits. The sooner you contact us, the more time we have to work on your claim. Contact us today and schedule a free consultation with a Los Angeles workers’ compensation lawyer you trust.
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