East Los Angeles Workers Compensation Lawyer

East Los Angeles Workers’ Compensation Attorney

If you’re dealing with a workplace injury, whether personally or within your family, we understand how incredibly challenging it can be. The combination of medical expenses, lost wages, and the need to provide for your family can cause a significant burden on you. If you are experiencing a workplace injury, you need the support of an experienced East Los Angeles workers’ compensation lawyer.

What Is Workers’ Compensation?

Workers’ compensation is the oldest social insurance program in the country, and most states require employers to have this insurance. Under California Labor Code Section 3700, all employers must provide workers’ compensation benefits to employees who experience job-related injuries or work-related illnesses.

Workplace Injuries

California’s robust economy includes a diverse array of industries, including manufacturing, transportation, construction, retail, and healthcare. However, injuries from these professions can come from sudden and unexpected events. They could also develop from prolonged wear on your body due to the demands of the job.

The U.S. Bureau of Labor Statistics reported a workplace incidence rate of 3 per 100 full-time workers in private industries. Sectors like trade, transportation, utilities, education, and health services accounted for nearly half of these cases, with the most common injuries being:

• Sprains, fractures, and head trauma due to slips, trips, and falls
• Carpal tunnel syndrome, strains, muscle tears, and chronic pain
• Back, shoulder, and knee injuries from overexertion, sudden movements, or improper lifting methods
• Fractures, spinal cord injuries, and head trauma from falling objects
• Back pain, tendonitis, and other musculoskeletal disorders
• Cuts, lacerations, and punctures from sharp tools or machinery
• Burns from kitchen machinery, manufacturing plants, or other situations where employees work with chemicals, heat sources, or electrical hazards

The Differences Between Workers’ Compensation and Personal Injury

California’s workers’ compensation system operates on a no-fault basis, allowing employees to pursue benefits for work-related injuries, regardless of who was at fault. Personal injury claims require proof that someone was at fault and that their negligence caused the accident and resulting injuries.

Generally, workers cannot sue their employer for negligence, and personal injury claims for work injuries can only be brought against third parties, such as a contractor, manufacturer, or another driver in a vehicle accident.

Workers’ Compensation Benefits

The benefits available from workers’ comp insurance are meant to provide relief from the costs and lost wages from a workplace injury.

Medical Treatment

Workers’ compensation pays for all medical treatment and transportation costs, including any long-term costs.

Temporary Disability

Temporary disability benefits are generally two-thirds of a worker’s average weekly wage. These are meant to compensate for lost wages as you recover. California employers paid a minimum of $242.86 and a maximum of $1,619.1 per week in 2024 to their injured employees on temporary disability, capped at 104 weeks within five years from the injury date.

Permanent Disability

Permanent disability payments are awarded to workers who are now unable to perform the job they were doing before they were injured. The financial compensation awarded to those with permanent disabilities will depend on each individual situation.

Supplemental Job Displacement

For workers who are cleared to work by their doctor but cannot return to their previous profession, they might be qualified for a voucher that can be used for vocational training.

Death Benefits

If the workplace injury was fatal, the employee’s eligible dependents can receive death benefits, including a maximum of $320,000 in survivor payments and up to $10,000 for funeral and burial costs.

The Benefits of Having a Workers’ Comp Lawyer

If you are feeling overwhelmed by dealing with workers’ compensation while you or a loved one is recovering from a workplace injury, you need a workers’ compensation lawyer on your side. These lawyers have a thorough understanding of these laws, so they can protect your rights throughout the entire process while maximizing your compensation.

Beyond working toward fair compensation, a lawyer has a pivotal role in making sure everything regarding your workers’ compensation claim is done accurately and on time. Some cases may involve:

• Complex situations
• A denied claim
• Permanent disabilities
• Third-party liability
• Disputes over how severe your injury is

Having a lawyer can give you peace and confidence that your case is being handled while you focus on yourself and your family.

FAQs

What Should I Do If I Am Injured at Work?

If you have been injured at work in California, the first thing to do is seek medical attention, possibly at the East Los Angeles Doctors Hospital. Even if your injury doesn’t seem severe, medical documentation is essential for potential future claims. As soon as possible, notify your supervisor or employer of the injury. Your employer should provide you with a workers’ compensation claim form. You should also consult a workers’ compensation attorney, as workers’ comp laws can be complex.

What Benefits Can I Receive Through Workers’ Comp?

Workers’ compensation in California can provide:

• Coverage for medical costs, such as doctor’s visits, hospital stays, and medications
• Temporary disability benefits
• Permanent disability benefits
• Supplemental job displacement benefits
• Death benefits to the employee’s dependents

The specific benefits and the value of claim amount you are eligible for will depend on how severe your injury is.

Can I Sue for Pain and Suffering After a Workers’ Comp in California?

No, workers’ compensation usually does not include benefits for pain and suffering. To receive compensation for pain and suffering, there would need to be a personal injury claim against a third party, whose negligence caused your injury. The workers’ comp system is meant to guarantee quick and efficient benefits, but workers give up their right to sue their employers for negligence.

What If My Workers’ Comp Claim Is Denied?

If your workers’ compensation claim is denied in California, it is highly recommended that you seek legal representation. There are time constraints for filing an appeal, so acting quickly is important. Your lawyer can:

• Determine why your claim was denied.
• Explain the appeals process.
• Gather evidence to support your claim.
• Represent you at any court hearings.

Hearings will likely take place at the Los Angeles district office of the California Department of Industrial Relations’ Workers’ Comp Division.

Contact an East Los Angeles Workers’ Compensation Lawyer

If you’re an East Los Angeles worker who has suffered an injury while on the job, handling the workers’ compensation system can be a challenge. Contact the Law Offices of Anthony Choe today. We can provide guidance and support in pursuing the benefits you need. Se habla español. Anthony Choe is fluent in Spanish as well, so please reach out if you require assistance in Spanish.