Lincoln Heights Workers Compensation Lawyer

Workers Compensation Attorney In Lincoln Heights

Being injured at work is not only physically painful; it can be emotionally and mentally draining as well. However, you should not have to suffer without receiving compensation. Instead, consult with a skilled Lincoln Heights workers’ compensation lawyer to help you receive the settlement you deserve.

At the Law Offices of Anthony Choe, we handle a variety of employment cases, including workers’ compensation. As a previous workers’ compensation defense attorney, Anthony Choe has intimate knowledge of the claims process and is strategic in improving your chances of receiving compensation so you can move forward with your life. He also proudly accepts and serves Spanish-speaking clients as he is fluent in both English and Español.

Workers’ Compensation Laws in California

The purpose of workers’ compensation is to provide financial relief to injured workers so they can care for themselves and afford life expenses while they recover. However, before you file a workers’ compensation claim, it is important to understand California’s workers’ compensation laws. In California, generally, all employers are required to provide workers’ compensation benefits regardless of who is at fault for the injury.

Common Workers’ Compensation Accidents

In 2023, Los Angeles County reported a workplace injury rate of 3.6 per 100 employees and accounted for 25.02% of California’s workplace injuries. These injuries can occur in a variety of ways, including employer negligence or an accident. Some of the most common workplace injuries among California workers include the following:

• Transportation accidents. Transportation accidents are one of the most common reasons for workplace injuries and may involve vehicle accidents or equipment accidents, such as with a tractor or forklift.
• Chemical exposure. Certain jobs require exposure to chemicals and other harmful substances that can cause serious injuries, like radiation or harsh fumes.
• Overexertion or repetitive movements. If you work at a job that requires repetitive motion or overexertion, you may be at risk of being injured. These injuries can range from causing constant pain to injured muscles. Learning how repetitive stress injuries are handled can give you more insight into the claim process.
• Slips, falls, and trips. It is easy to slip, fall, or trip at work. While some jobs like construction can increase the likelihood of falling from ladders or other equipment, in some cases, slips and trips can result from spills or other barriers.
• Being struck by objects or equipment. If you are accidentally struck by a piece of equipment or another object, you could be injured. Common examples include eye injuries, lacerations, or deep bruising.

What if My Claim Is Denied?

In Los Angeles County specifically, there were 170,206 workers’ compensation claims, which means a significant number of employers may have had to pay out monetary benefits to employers. While most employers honor their responsibility to pay workers’ compensation benefits, sometimes, insurance companies deny claims for one reason or another. This can leave employees in a precarious position.

Luckily, if your claim is denied, you still may be able to recover damages for your injuries by taking these steps:

1. Be clear about the reason for denial. Your denial letter should clearly explain the reason why your claim was denied. You should keep documentation of this reason to help your case.
2. Hire an attorney. Hiring an attorney may increase your chances of reaching a settlement if your claim is denied. Your lawyer can help you collect documentation and guide you through the appeals process.
3. File an appeal. You will have to object to your case by first contacting the Department of Workers’ Compensation (DWC), which may direct you to file an appeal with the Workers’ Compensation Appeals Board (WCAB). You may also have to file an Application for Adjudication of Claim to be seen before a workers’ compensation judge. It’s helpful to understand the process of responding to a denied workers’ compensation claim to avoid critical mistakes.
4. Act quickly. It is important to act quickly with workers’ compensation claims as the process is complex and requires several steps. Moreover, you only have 30 days from the accident to report your injuries to your employer and one year to file a claim per California Labor Code 5405.

FAQs

How Hard Is It to Win a Workers’ Compensation Case?

In Lincoln Heights, LA The difficulty of winning a workers’ compensation case depends on many factors. These factors include the extent of your injuries, your expenses, including medical bills and attorneys’ fees, the reason for denial, the quality of your evidence, and the skill of your lawyer. Each of these factors is important to consider when filing your claim.

What Won’t Workers’ Comp Lawyers Tell You?

Your workers’ compensation lawyer might not tell you that you can file on your own, that you can choose your own doctor, and they may not tell you that you can appeal the judge’s decision if you have a workers’ compensation trial. To better navigate the process, it’s smart to be aware of common myths about California’s workers’ compensation system so you can avoid costly misconceptions.

How to Get the Most Out of a Workers’ Comp Settlement?

To get the most out of a workers’ compensation settlement, it is important to first have all of the documentation necessary to file your claim, such as an incident report, photos of your injuries and accident, if possible, medical reports, and any other evidence that strengthens your case. You should also ensure you follow the claim requirements thoroughly and on time, which is where a lawyer can help.

What Is the Most Common Workers’ Comp Claim?

The most common workers’ comp claim in California is strains and sprains. Strains and sprains can happen in a variety of ways, including overexertion, repetitive motion, slips, falls, and trips. Employees can sprain their necks, wrists, ankles, hands, and other extremities. These injuries may occur in a variety of industries, such as construction, warehouse work, or even strains from frequent computer usage.

A Qualified Workers’ Compensation Lawyer You Can Trust

At the Law Offices of Anthony Choe, your well-being is important to us. You deserve fair and timely compensation if you are dealing with an injury at work. Do not hesitate to contact us for a consultation to get started. If you speak Spanish, you can contact us here.

Workers’ Compensation Resources

• How to Respond to a Denied Workers’ Compensation Claim

• Can I Get Workers’ Compensation for Repetitive Stress Injuries?

• Discover the Biggest Myths About California Workers’ Compensation

• Common Mistakes That Lead to Medical Workers’ Compensation Denial