Los Angeles Workers’ Compensation Lawyer

Los Angeles Workers’ Comp Attorney

When people get injured on the job, they face an uncertain future. They may not be able to return to work anytime soon. This may mean real financial difficulties at the same time that medical bills may be a concern.

Many people are more worried about keeping their job than they are about getting better. This makes them reluctant to seek the help they deserve. Working with the right attorney can help ensure that you do not have to choose between getting the medical care you need and protecting your job.

Some of the questions injured workers commonly ask include:

• What should I do after being injured on the job? Begin by reporting your injury to your supervisor and seeking medical care. Taking these important first steps can help ensure your needs are met.
• What if my claim is denied? Can I appeal? Many workers’ compensation claims are denied. Appeals are simply part of the standard process for many injured workers.
• What if I cannot perform my job anymore? The question of whether or not a worker can continue to do his or her job is always central to workers’ compensation claims.
• What if someone died outside of work from something that happened at work? A workers’ compensation claim can be filed for loss of life as long as the circumstances that caused the death happened at work such as exposure to harmful fumes or some other hazardous situation.

We offer our assistance to workers of all types who have been injured on the job, including:

• Maintenance workers
• Janitorial workers
• Construction
• Medical assistants
• Certified nursing assistants (CNAs)
• Service industry workers
• Warehouse workers

Help From A Former Workers’ Compensation Defense Attorney

At the Law Offices of Anthony Choe , we understand the hurdles that injured workers face, and we are dedicated to helping them clear those obstacles. Attorney Anthony Choe began his career defending employers against workers’ compensation claims. He did that work for six years before deciding to take what he learned in that role to help people. He saw firsthand the difficulties people faced and decided to use his talents and experience to help people fight for the compensation and benefits they need to help them get through the tough times they face after being hurt on the job.

Workers’ Compensation Attorney Serving Los Angeles And Throughout Southern California

If you have been injured on the job, do not hesitate to begin protecting your rights. Turn to the Law Offices of Anthony Choe . To schedule a free initial consultation, call
213-788-4448 or contact us online.

Appeal a Denied Workers’ Comp Claim

For those who have tried to navigate the workers’ compensation system on their own after an on-the-job injury, a denied claim may seem like the end of the road. Do not be discouraged. That is not the case. Claims are often denied at the initial stages. Appealing denied claims is a regular part of the workers’ compensation process.

Even if your claim was admitted, there are still many benefits to filing an appeal, such as:

• Being able to choose a neutral doctor to examine your claim — There are always doubts when you go before the insurance company’s doctor to have your injuries evaluated. Their paychecks are coming from the insurance company after all. It is always best to have another doctor examine your injuries and provide an independent determination.
• Having your claim heard before a state administrative law judge — At the initial stages, all evaluation of your claim is carried out by the insurance company and their doctors. Having the facts of your case heard before an impartial judge gives you the best chance of having all the facts come out, not just those that help the insurance company.

Help From A Former Workers’ Compensation Defense Attorney

At the Law Offices of Anthony Choe, we can help you take action to pursue your workers’ compensation claim even when you think you have run out of chances. With our deep understanding of the process, we know the next steps to take and how to make the most of them for you. Attorney Anthony Choe previously worked as a workers’ compensation defense attorney. He defended insurance companies against workers’ compensation claims. Now, attorney Choe uses what he learned in that role to help people get all of the benefits and compensation they are entitled to.

Do I Need A Los Angeles Workers’ Comp Lawyer?

Sometimes, a worker who is injured on the job follows the proper procedure of reporting the incident, files for workers’ compensation benefits and the process proceeds without complications. In these cases, it is unnecessary to hire a lawyer.

Other times, however, injured workers encounter problems that prevent them from receiving benefits they are due or they receive less than they deserve. In some cases, benefits are canceled before the injured party is able to return to work.

When disputes arise with a workers’ compensation claim, it is wise to enlist the help of a knowledgeable workers’ compensation attorney as soon as possible. Without a lawyer by your side, mistakes can be made involving medical treatment or in the presentation of medical information that can throw your claim into more disarray.

At the Law Offices of Anthony Choe, we help injured workers in Los Angeles and throughout Southern California resolve disputes involving workers’ comp claims and recover the benefits they deserve.

When An Attorney May Be Necessary

Every case is different, of course, but there are some common characteristics of workers’ comp cases that may indicate hiring a lawyer is a good idea. These include:

• Your injuries will prevent you from returning to work for several weeks or months.
• Your injuries will require surgery or prolonged medical treatment.
• Your claim for reimbursement of medical expenses has been denied.
• You are not receiving the full amount of benefits you deserve.
• You are unable to receive the medical treatment you need to recover fully and return to work.
• Your employer’s insurance provider has stopped your benefits and requested you return to work before you are able to perform your job duties.
• You are experiencing retaliation at work because you filed for workers’ compensation benefits.

Successfully appealing a denied claim requires thorough knowledge of California workers’ compensation laws and why insurance companies deny claims. We work with these claims all day, every day, and understand how to combat the strategies employed by insurance defense lawyers.

Prompt Action Is Important

We welcome the opportunity to review the fact of your workers’ compensation dispute and recommend the best steps to resolve the matter.

How A Lawyer is Compensated in Workers’ Comp Cases?

A workers’ compensation attorney is paid on a contingency fee basis, which means he or she only gets paid if a client recovers benefits. The fee depends upon the complexity of the case, and is usually between 9 percent and 15 percent of the total permanent disability benefits recovered.

Any fee must be approved by the California Workers’ Compensation Appeals Board. Once it is approved, your employer’s insurer will deduct the amount from the lump sum settlement or the weekly indemnity check and send the fee to your attorney.

California law caps the attorney fee in workers’ compensation cases at 15 percent. That is less than the fee that typically goes to a law firm in a personal injury lawsuit. In those cases, the law firm can receive 33 percent or more of a recovery.

A workers’ compensation attorney also may be paid for taking an injured applicant’s deposition. This is known as a 5710 fee (named after Section 5710 of the California Labor Code). It is paid by the employer’s insurance company and does not reduce the recovery the injured worker receives.

We Only Get Paid If You Do

How workers’ compensation cases are valued is a complex matter. The lawyer you choose to represent you can make a significant difference in the amount you recover. Our goal is to always put more money in your pocket than you would recover without us, even after our fee is paid.

We welcome the opportunity to review the facts of your case and recommend a course of action. We represent clients in Los Angeles and throughout Southern California. A good deal of work can be accomplished through telephone conversations and by exchanging emails.

How Will My Workers’ Compensation Case Be Valued?

It’s a question posed by many injured workers who file workers’ compensation claims: How will I know if I am being treated fairly by my employer and receiving the full amount of benefits I deserve?

If you are hurt on the job, your employer is required to pay the full cost of medical treatment and replace a percentage of your wages if you are unable to work or if you cannot return to work full time. Every claim is different, and determining the right amount of benefits that an injured worker should receive can be complex. There is the question of permanent or temporary disability and whether long-term or even permanent medical treatment is necessary.

Maximizing What You Recover

Employers and their insurance companies are interested in minimizing the amount they pay out in workers’ compensation benefits. At the Law Offices of Anthony Choe, we work to maximize what our clients in Los Angeles and throughout Southern California recover.

In order to ensure that you receive all of the benefits you deserve, it is important to work with an experienced workers’ compensation attorney like Mr. Choe. He will review the facts of your case and determine what benefits you qualify for. These include:

• Medical care — California law requires the employer to cover the full cost of whatever medical care is reasonably required to cure or relieve the effects of a work-related injury or illness.
• Temporary disability — This is intended to replace a percentage of a worker’s wages if they are unable to work due to a job-related injury or if they are working in a lower paying position due to doctor’s restrictions. It is calculated at two-thirds of a worker’s weekly gross pay up to a maximum amount and can last up to 104 weeks.
• Permanent disability — This payment is made if it is determined that an injured worker will never completely recover from a work-related injury and that injury results in lost earning capacity. The amount is partly determined by the severity of the injury.
• Mileage reimbursement — You can recover the cost of transportation to and from doctors’ appointments.

Many injured workers ask about compensation for pain and suffering. That is not compensable in California workers’ compensation cases. It is possible in a small percentage of workers’ compensation cases to also file a personal injury lawsuit against a third party. We can review the facts of your case during a free consultation to determine if a personal injury lawsuit is warranted.

Put Our Legal Experience On Your Side

The workers’ compensation lawyer you work with can make a significant difference in the amount you recover. We have the experience to protect your interests and ensure you recover the full amount of benefits you deserve.

What If I Cannot Do My Job After An On-The-Job Injury?

Ideally, everyone who is injured on the job will receive the health care he or she needs for a full recovery and then he or she can return to work. But, not everyone can return to work. Serious and permanent injuries can create problems that prevent people from being able to fulfill the necessary responsibilities of their positions.

Did The Doctor Say You Were OK To Work, But You Are Not?

Too often the insurance company doctors send people back to work too soon. People may not be recovered fully enough to do their old jobs, but the insurance companies do not want to pay for benefits.

People may be forced to go back to work while still in great pain. They may believe they have to do it, and when they try and it hurts, they get dispirited and quit. That may be the exact outcome the employer and insurance company want.

If you feel that you were forced to go back to work too soon, we will be happy to discuss your situation with you.

How Have Your Injuries Impacted Your Ability To Work?

There are several different categories of disability that the workers’ compensation system uses to categorize people’s injuries:

• Temporary partial disability
• Temporary total disability
• Permanent partial disability
• Permanent total disability

Help From A Los Angeles Workers’ Comp Attorney

At the Law Offices of Anthony Choe, our firm is here to provide the support people need after being injured on the job. We are strong advocates who know how to use the workers’ compensation system to secure all of the benefits and compensation that people are entitled to. Whether you need permanent benefits or you will be able to recover and return to work, we will present a strong claim that helps you get the care and support you need.

Attorney Anthony Choe spent the first six years of his career defending employers against workers’ compensation claims. During that time, he learned how the insurance companies value and react to these cases. He uses that insider’s perspective to help his clients through the tough times.

Are You Injured And Unable To Work? We Help People In Los Angeles And Throughout Southern California.

For real help after you realize that you cannot work anymore because of an on-the-job injury, turn to the Law Offices of Anthony Choe.

Know Your Rights Regarding Medical Treatment For Work-Related Injuries

California workers’ compensation laws state that employers must pay for medical care that is reasonably required to cure or relieve the effects of a work-related injury or illness. A process known as utilization review (UR) is used to determine whether to approve medical treatment that is recommended by a treating doctor.

Many injured workers reach out to our law firm after an employer’s claims administrator denies them medical treatment that has been recommended by a treating physician. Medical providers usually check to make sure treatment is covered by an employer’s insurance company before treating an injured worker. If it is not covered, the injured party will not receive the treatment and recovery could be delayed.

Getting The Treatment You Need

It is widely believed that UR is used to prevent injured workers from receiving medical treatment that is necessary for a full recovery. In addition, employers have significant control over the medical professionals from whom an injured worker can seek treatment. In a large percentage of cases, injured workers must be treated by a doctor who is in the employer’s medical provider network (MPN). As a result, it is common for injured workers to feel they are not receiving the treatment they need.

At the Law Offices of Anthony Choe, we help injured workers in Los Angeles and throughout Southern California understand their rights regarding medical treatment. Attorney Anthony Choe has established strong working relationships with a broad network of medical providers who are in many provider networks. Our familiarity with these providers allows us to steer clients to those we know and trust.

In many cases, we are able to help our clients resolve medical treatment denials and receive the treatment they need. At the same time, we help our clients receive the treatment they need to recover, and we also help many of them receive the full amount of temporary disability benefits for which they qualify.

Receive The Treatment You Need

If you have been denied treatment for a work injury, or if you are not receiving the quality of care you would like, it may be time to call a knowledgeable workers’ compensation lawyer. We welcome the opportunity to review the facts of your case and recommend an effective course of action.

First Steps After Being Injured At Work

After being injured on the job, you need to think of your own priorities first and you need to act accordingly. Here are some basic first steps and advice that can help preserve your ability to bring a successful workers’ compensation claim.

• Report your injury to your supervisor — Do not hide your injury. Do not downplay your injury. Tell your supervisor and request a claim form so that the process is properly documented. Small missteps at the outset of a case can have a major impact on people’s ability to get the help they are entitled to.
• Seek medical care — Getting better is the end goal. Obtaining an accurate assessment of your injuries and their severity is crucial to making sure you receive the proper treatment. If your employer refuses to document your injuries or refuses to provide treatment, you should seek legal help.
• Seek legal help — The insurance companies that provide workers’ compensation coverage to employers are profit-driven businesses that do not have your interests as their concern. Having an experienced workers’ compensation lawyer by your side can help ensure that you receive all of the compensation and benefits you deserve.
• Do not quit your job — Often after an on-the-job accident, people try and work through the pain. They want to prove they can still do the job. When they find they cannot perform, they quit. Do not quit. It could impact the success of your workers’ compensation claim.

Were You injured At Work in Los Angeles, CA?

At the Law Offices of Anthony Choe , our firm is here to help guide you through the workers’ compensation process from beginning to end. While we encourage people to come to us as soon as they have been injured, we want people to know that we take cases on at any point in the process. So, if you are unhappy with the progress of your case, we will be happy to talk to you and let you know if we can help.

Attorney Anthony Choe brings years of experience on the other side of these types of cases. He began his career as a workers’ compensation defense attorney. He now uses what he learned in that role to help injured workers fight for what they need to help them move forward with their lives again.

Taking the right steps after being hurt on the job can be essential to protecting your ability to obtain compensation and benefits. Turn to the Law Offices of Anthony Choe for help understanding what you need to do.

Workers’ Compensation Benefits and Pre-existing Conditions

It’s common for individuals who work a number of years at labor-intensive jobs to have suffered some type of injury or developed a chronic medical condition. Under California law, if a worker suffers an aggravation of a pre-existing injury or disease, it constitutes a new injury and is compensable through the workers’ compensation process.

These cases are complex. Because employers are intent on minimizing the amount of benefits they pay out, they often argue the aggravation of a pre-existing injury was not related to work activity and does not qualify for workers’ comp benefits.

At the Law Offices of Anthony Choe , our role is to prove that the aggravation of a pre-existing injury or illness is directly related to work activity. Your duties at work may cause a temporary or permanent increase in disability that may require medical treatment or a change of course in ongoing treatment.

Medical Evidence Is Vital

Attorney Anthony Choe will review your past medical records carefully in order to be thoroughly familiar with past injuries. Mr. Choe knows how to analyze test results, and he understands what aspects of diagnostic testing are important to prove your case.

If your pre-existing medical condition aggravates, it is often a good idea to enlist the assistance of a knowledgeable workers’ compensation lawyer like Mr. Choe to help submit your initial claim. The key to recovering the benefits you deserve is presenting medical evidence that shows your pre-existing injury was substantially aggravated by a work accident or work-related activity.

Let Us Review Your Case

We welcome the opportunity to review the facts of your case and recommend an effective course of action. The initial consultation is free, and we only collect if you do.

We represent clients in Los Angeles and throughout Southern California.

What Should I Do After A Los Angeles Workplace Injury?

No one plans for an accident. Unfortunately, not knowing what steps to take after a serious on-the-job injury can greatly harm your health and financial stability.

At the Law Offices of Anthony Choe, we advocate for California’s injured workers and help them secure the full workers’ compensation benefits they need. If you are suffering from a workplace illness or injury, take immediate action. The longer you wait, the harder it is to prove your claim. Below, we created a checklist of steps to take after an on-the-job accident to give your workers’ compensation claim the best chance for success.

Every situation is different. If you want more information about what you should do in your specific situation, call our Los Angeles office at 213-788-4448. We can discuss your options during a free initial case consultation. You can also contact us online.

California Workplace Accident Checklist

Take the following actions after a workplace accident to protect your overall health and well-being.

Medical Care

• Seek medical care. If your employer does not send you to a doctor, seek medical care soon after the accident. Tell the medical provider about all possible injuries. Injuries can worsen in the weeks and months after your initial accident. You need all injuries (mild and severe) officially documented for your workers’ compensation claim.
• Double check your discharge papers. Your medical provider should give you discharge papers that document your injuries. Make sure that all discussed injuries are listed on there. You will need them officially documented for your workers’ compensation claim. If anything was left off, ask the doctor to update the document before you leave their office.

Employer Interactions

• Report the injury to your employer. Immediately notify your employer of the injury. They should provide you a workers’ compensation claim form within one workday of first being notified about your illness or injury.
• Document all communication with your employer. Write down who you notified about your injury, when you notified them and how you reported it. It is best to have everything documented in writing. If you speak with your employer, follow up with an email recap of the discussion so it is officially documented.

Collect Additional Evidence

• Gather photo evidence. Take photos of any visible injuries, where the injury happened, documents related to your case, communications with your employer and any signed papers. Take your time. Make sure every photo is clear and that writing on the documents is legible.
• Document the date of your injury. It is easy to forget the exact date and time of your accident. Record this information and keep an ongoing log of your changing health/recovery.
• Speak with witnesses. Contact all co-workers who witnessed your accident. Write down their names, job titles and contact information.
• Compile an injury folder. Keep all claim information in a folder or binder. This can include medical papers, witness reports, photos and exchanges with your employer.
• Speak with an attorney. The workers’ compensation system is complex. You may need to partner with an experienced workers’ compensation attorney like Anthony Choe to secure the benefits you need. Call 213-788-4448 today.

FAQs About Los Angeles Workers’ Comp

After a serious injury or illness, the last thing you want to do is navigate a complex legal system. At the Law Offices of Anthony Choe , we get that. Below are answers to frequently asked questions to help you understand the workers’ compensation system, process and benefits.

Call our Los Angeles office at 213-788-4448 with any additional questions. You can also contact us online to schedule a free initial consultation. We will make sure that all your questions are answered and that you have the information you need during this stressful time.

What benefits can I gain from my workers’ compensation claim?

Workers’ compensation benefits cover the following:

• Medical costs
• Temporary or permanent disability benefits
• Vocational training if you cannot return to your previous role
• Partial wage replacement
• Funeral costs in the event of a worker’s death

If I was partially at fault for my workplace injury, can I still file for workers’ compensation benefits?

Yes, workers’ compensation benefits are available regardless of fault. However, you are not eligible for benefits if you were intoxicated at the time of your injury or if you intentionally harmed yourself.

How long do I have to file a workers’ compensation claim in California?

You have one year from the date of your injury or onset of your illness to file a workers’ compensation claim. We recommend filing your claim as soon as possible so necessary evidence is still available. Waiting to file your claim can make your case much more difficult to prove.

Can my employer fire me for filing a workers’ compensation claim?

No. Your employer cannot fire you or otherwise retaliate against you for filing a workers’ compensation claim. If they do, we can help you file an employment law claim against your employer.

What should I do if my workers’ compensation claim is denied?

It is not unusual for an initial workers’ compensation claim to be denied. You can appeal your denied claim with the help of an experienced workers’ compensation attorney.

Initially, your claim was only assessed and denied by the insurance company. With an appeal, a workers’ compensation judge will evaluate your situation and determine whether you are eligible for benefits.

Can workers’ compensation benefits cover a preexisting injury?

If a work-related activity aggravated a preexisting injury or illness, you can claim workers’ compensation benefits. California treats the aggravation as a new injury.

These types of claims can be trickier to prove and may require medical evaluation in addition to legal help from a skilled workers’ compensation attorney.

Will workers’ compensation benefits cover my entire paycheck?

In California, workers’ compensation benefits cover up to two-thirds of your pre-tax paycheck. The state also caps the maximum amount that you can collect. The limit is adjusted each year for inflation. You cannot go above the maximum set cap, regardless of your standard paycheck amount.

Can I sue my employer in addition to filing for workers’ compensation benefits?

No. If you accept workers’ compensation benefits, you lose your ability to file a lawsuit against your employer. We can evaluate your situation and advise which route you should take.

How much does it cost to hire a workers’ compensation lawyer?

Workers’ compensation cases are accepted on a contingency fee basis. You do not owe any attorney fees unless we successfully gain benefits on your behalf. At that time, 15% of your awarded benefits would be taken out and paid to your attorney.

If you have been injured on the job, do not hesitate to begin protecting your rights. Turn to the Law Offices of Anthony Choe . To schedule a free initial consultation, call 213-986-8498 or contact us online.