Los Angeles Construction Accident Lawyer
LOS ANGELES CONSTRUCTION ACCIDENT ATTORNEY
Los Angeles is an ever-growing city, and with that comes the need for new infrastructure. In this bustling city, there are always new construction projects underway, which means that there is a subsequent demand for dedicated workers who can get the job done. Usually, these projects end successfully, resulting in new buildings, bridges, parks, and other infrastructure, and the employees involved are paid their fair share and treated with dignity. However, this is unfortunately not always the case.
Sometimes, in Los Angeles, a construction worker can experience an accident due to a lack of safety guidelines in place, as well as hazardous work conditions. If you are in such a position where you have been hurt on the job, it is crucial to get a construction accident attorney to help you with your case.
At Diefer Law Group, P.C., we have been handling construction accident cases for years, making sure that our clients get the justice that they deserve. We are experienced in fighting for proper workers’ compensation, making up for any physical or mental injuries that construction workers might have sustained. A Los Angeles construction accident lawyer from our firm is knowledgeable in Los Angeles workers’ rights and laws regarding construction in the city and can help you optimize your case outcome. Let us help you fight for reparations for any senseless suffering you may have experienced as a result of your accident.
QUALIFYING A CA WORKERS COMPENSATION CLAIM
Worker’s compensation is financial compensation that an employee can get after going through an accident or getting injured while on the job in Los Angeles. It can also be applied for in the case that a disability or illness is eventually sustained by an employee as a result of the duration of their time working. A workers’ compensation claim is the formal process of applying for workers’ compensation. In order to initiate this process, there are certain terms that must be met, including:
- The presence of a sickness or injury related to work. Every workers’ compensation claim must show that there is the presence of an injury that occurred as a result of an accident at work or long-term time at that job. These can be physical or mental illnesses, injuries from completing the same tasks over and over, and diseases from being exposed to certain elements over time.
- The workers’ compensation claim must be reported within a certain time frame. Immediately after your injury occurs, or as soon as you are aware of your injury, you will need to file a workers’ compensation claim. If your supervisor is not aware of your injury within a month, you may not have direct entitlement to the workers’ compensation.
- The person facing the injury is an individual who works for the company where they are facing the illness. For example, if they were volunteering for the company or working on a contract at the time of injury, then they would likely not be able to apply for workers’ compensation.
- There will need to be evidence that the injury or disease was a direct result of doing something on the job. If the injury cannot be directly tied to activities that occurred at work, then it will not be possible to apply for workers’ compensation.
HOW TO FILE A WORKERS COMPENSATION CLAIM
Filing a Los Angeles workers’ compensation is a relatively straightforward process that can be completed with the assistance of a Los Angeles construction accident attorney. It’s important to note that you should initiate this process as soon as possible. Here are the following steps you will need to take:
- Flag that the injury happened. As soon as your accident happens, or you are aware of your illness or injury, you will need to let your employer know. Give them information about the injury and how it happened, including the time and place of the incident, people who were present, and the nature of the injury.
- Get help for your injury or illness. If your injury or illness is severe, or if you are in need of a medical service provider, it is recommended to see a doctor. You will need to explain to them that the incident happened as a result of your work. Hold onto any records you may have from this visit, such as medical scans, prescriptions, and more. If you are unsure about whether or not you should see a doctor, it is generally a better idea to do so.
- Fill out the appropriate forms. After you notify your Los Angeles employer that you have been injured, they will have one business day to give you a DWC-1 claim form to fill out. Make sure to fill everything in thoroughly, ensuring that all information is correct.
- Give the filled-out form back to your employers. Before submitting the DWC-1 forms back to your employer, make sure to keep a copy in case something in the filing process goes wrong.
- Regularly check in with your employer to make sure they submit the forms. Your employer will need to submit everything to their workers’ compensation insurance carrier. The quicker they do this, the quicker you can receive a decision back about your benefits.
- Work with investigators. After your employer has submitted your workers’ compensation claim, there will be an ongoing investigation into your case. You may be requested to give more evidence or documentation in order to back up your claim of what happened. It’s important to work with the insurance company and your employer to get quicker and more favorable results.
- Stay on top of what is going on. The workers’ compensation process can be a stressful time, so it’s important to take care of yourself both mentally and physically and stay informed about the progress of your claims process.
- Get in touch with an LA workers’ compensation attorney. If you are facing challenges from your employer or the insurance company, or are just plain overwhelmed by the claims process, then it can be helpful to work with a lawyer who can help advocate for your rights to benefits.
TYPES OF INJURIES COVERED BY WORKERS’ COMPENSATION
There is a wide variety of illnesses and injuries that can happen as a result of accidents or conditions in the workplace, which are usually covered by workers’ compensation benefits. The following examples outline types of injuries that can be covered:
- Occupational illnesses. Occupational illnesses are diseases or chronic conditions that happen as a result of the climate that employees are exposed to at work. An example of this can be strains from repetitive heavy lifting, the loss of hearing due to constant loud noises, cancers caused by radiation exposure, and respiratory illnesses from breathing in dangerous particles.
- Injuries from an accident. Accident injuries are typically the type of injuries that people think of when it comes to workers’ compensation. They refer to any injury that happens as a result of an accident, like falls, heavy lifting, vehicle collisions, machinery accidents, and slipping. Some industries are more hazardous than others and therefore have higher rates of accident injuries.
- Mental health disorders. Los Angeles workers are typically covered by workers’ compensation if they develop mental health disorders as a result of their occupation. An example of this could be severe depression or anxiety that develops as a result of working at a high-stress job for a duration of time or PTSD from harassment or something traumatic that happened at work.
- Conditions that existed before but became exaggerated due to an occupation. If a worker already had an underlying condition, such as diabetes, asthma, or sickle cell anemia, that became more drastic as a result of work, then they are likely entitled to workers’ compensation benefits.
- Injuries that happen from repetitive actions. Some injuries that are sustained as a result of work may not be initially severe, but as small traumas are experienced over time or certain motions are practiced over and over, this can result in distinct injuries. An example of this can be back injuries due to poor ergonomics in the office, as well as carpal tunnel syndrome due to repeatedly using high-powered machine tools.
These are just some examples of the types of injuries or illnesses that can be sustained, which are typically covered by workers’ compensation insurance in Los Angeles. If you are unsure about whether your injury can be covered by workers’ compensation benefits or are confused about how to initiate the claims process, then a skilled workers’ compensation lawyer can help you with your case.
CA INJURIES NOT COVERED BY WORKERS COMPENSATION
In addition to being aware of the cases that are usually covered by workers’ compensation, it’s important to know which illnesses and injuries cannot be covered or may be more difficult to receive benefits for. A workers’ compensation lawyer can help advise you on the right way to go about receiving the compensation you deserve for any work-related illnesses or injuries that you might have sustained.
- Injuries that are caused by self-harm. In the case that an injury happens at work as the result of a worker harming themself on purpose, it will most likely not be covered by workers’ compensation.
- Injuries due to the breakout of social violence. In the case that one or more employees sustain injuries as the result of a fight in the workplace, it might not be covered for the individuals who were responsible for starting and carrying on the fight.
- An injury that happens while a serious crime is being committed. If a worker happens to get hurt or sick due to their job but is in the midst of carrying out a serious crime, it will be unlikely for them to get covered by workers’ compensation.
- Injuries that happened under the influence. If a worker sustains an injury or illness at work but they are under the influence of alcohol or drugs, then they are likely to not be covered.
- Injuries sustained recreationally or during volunteer activities. When an employee engages in recreational activities outside of work, such as team-building events, or if they are engaging in volunteer work, then any resulting injuries or illnesses are likely to not be covered by workers’ compensation.
When trying to decide whether or not your work-related illness or injury could potentially be covered by workers’ compensation, it is helpful to get the advice of a Los Angeles attorney who has experience working on these cases. They can give you a better idea of which cases have been likely to achieve workers’ compensation within the past years. It is also helpful to work directly with the California Division of Workers’ Compensation in order to determine the maximum amount of benefits that you can receive as a result of your case, as well as to provide help if your claim is denied.
Construction Accident Lawyer FAQS:
Q: Do Los Angeles Contractors Need to Have Workers Comp Insurance?
A: In California, anyone who has employees, such as contractors who are hiring employees for a limited amount of time or conditions, are usually required to have workers’ compensation insurance in case of injury to their employees. However, if the employees are independent contractors, meaning that they are employing themselves and providing their own insurance coverage, they will not be covered by workers’ compensation insurance.
Q: Can I Have My Own Physician for My CA Workers’ Comp Claim Case?
A: In California, it is possible to choose the doctor that you want to treat your illness or injury linked to your workers’ compensation case. This is more likely if you indicated before the injury happened that you have a regular physician, known as a pre-designation. A workers’ compensation attorney can help you better understand your rights to choose your physician.
Q: What Do I Get Out of a California Workers’ Compensation Claim?
A: In the state of California, you can receive a variety of benefits as a result of a successful workers’ compensation claim. This means that you can receive medical services, money for being temporarily disabled and out of work, money for being permanently disabled and out of work, benefits in the case of death, and the possibility of training and services to work in a new kind of job.
Q: Am I Risking My Job by Filing a CA Workers’ Comp Claim?
A: In California, it is against the law for your boss to attempt to harass, fire, or intimidate you for filing a workers’ compensation claim. If you are facing retaliation as a result of your claim, it is advised to get in touch with a workers’ comp lawyer who can help you fight for your rights.
GET THE COMPENSATION YOU DESERVE TODAY
If you are a Los Angeles construction worker who has sustained injuries or illnesses that are directly linked to work-related activities, then our workers’ compensation lawyers at Diefer Law Group, P.C., are here to help you get the benefits you need to push through this hard time. We are compassionate, skilled, and knowledgeable, and we can help craft a plan to help you get back on track with your career. Contact our team today to learn more.
Los Angeles Practice Areas
ES