California Workers Compensation Attorneys Los Angeles
The California Workers Compensation attorneys
of Madison Law Group understand suffering an injury in a workplace
accident is a stressful situation. Physically unable to perform your
job duties and responsibilities, you suffer not only physically, but
emotionally while worrying about your finances, and professionally if a
superior pressures your return sooner than you are ready.
What is California Workers Compensation?
California Workers Compensation Law protects injured workers from losing their livelihood when an injury occurs in the workplace regardless of the circumstances or fault by requiring employers to provide basic medical and disability benefits to employees who are injured while performing their job function.
Anyone who is performing work for another person as his or her employee is almost certainly covered for any injury occurring in the work place, which occurred while you were doing your job. Even if you are an "independent contractor", you may be legally considered an "employee" for purposes of workers compensation.
Workers Compensation Benefits Depend on Severity of Disablility
Temporary Total Disability
This benefits for temporary total disability are payable
when an injured worker is unable to work as long as he or she in actively
undergoing medical care and has not reached maximum
medical improvement. Once maximum
medical improvement has been reached during recovery, the workers injury can be no
longer considered a Total Disablility, and statutes may require the employee return to work on light duty.
Temporary Partial Disability
A worker may be eligible for temporary partial disability compensation when he or she is able to do some work but is still recuperating from the effects of the injury, and is, thus, temporarily limited in the amount or type of work which can be performed compared to the pre-injury work.
Permanent Partial Disability
Compensation is awarded for certain types of permanent conditions which do not cause the worker to be totally unable to work. As previously indicated, there is a wide variety of different ways the various states treat permanent injuries, and it is necessary to consult lawyers in your state experienced in handling workers compensation claims to understand your states' rate structure for permanent injuries.
Permanent Total Disability
In order for an injured employee to receive Workers
Compensation for this type of disability, it must be shown that the injured
worker is permanently unable to return to work in any capacity.In many states, Workers Comp lawyers are
permitted to offer evidence of a workers age, education, training and
experience in seeking to prove that the worker is incapable of substantial
gainful employment.
Disfigurement/Mutilation
A states' Workers Comp Law may permit the employee to be compensated for disfigurement or scarring, frequently in the absence of any actual impairment, and sometimes in addition to actual impairment.
Why do I need a California Workers Comp Attorney?
Madison Law Group California Workers Comp Lawyers defend the rights of workers injured in the workplace. Our Workers Compensation lawyers ensure your employer is in compliance with California Law, and make sure you have time to recover, access to medical care, and disability benefits you are entitled to.
Don’t feel guilty about claiming your Workers Compensation Benefits. Your employer is required by law to have insurance for workplace injuries. That means that your employer's insurance company is actually paying the benefits. Often the employer may act as if the money is coming directly out of his or her pocket. It usually isn't. The injury and benefits paid will usually affect your employer's insurance rates, but insurance pays your benefits, not your employer.
When Can I Seek Civil Damages in Addition to Workers Compensation Benefits?
If your workplace injury occurred by fault of a coworker, or negligence of your employer, you may be entitled to receive civil damages in addition to California Workers Compensation benefits. To pursue a civil action based on these circumstances, the injured worker must be prepared to prove to a jury the fault of a "third party." A third party is considered to be a person or party separate and distinct from the injured employee's employer.
Recovery of third party and Workers Compensation claims is made through settlement with the responsible party, that party's insurance company, or through the filing of a lawsuit. If there is third party fault, civil damages that may be recovered such as medical expenses, loss of earnings, loss of future earning capacity, property damage, economic losses, compensation for pain and suffering, as well as the compensation for the loss of a spouse's love, society, and comfort resulting from the spouse's injuries or death.
One example of a potential third party would be when a
delivery driver suffers an injury in a rear end auto accident. In this
example, the third party would be the driver who rear-ended the car of
the delivery driver. Therefore, the delivery driver would be able to
pursue a Workers Compensation action against the other driver, as well
as a Workers compensation claim with their employer.
Always Protect Your Rights in a Workplace Injury Accident
ALWAYS report your injury, to your supervisor or manager, AS SOON AS POSSIBLE, no matter what. Your employer must know about the injury before you can receive benefits. If you do not report your injury, or your pains, you open yourself to attacks later that the injury did not occur at work, or denial of responsibility for your injury by your employer or its insurance company.
Always document discussions with the insurance company. Right after you get off the phone, write a little note to the adjuster, or your supervisor telling them what you understood they said and asking them to correct you if you have the wrong understanding. At the very least, keep a calendar of all your injury related activities and maintain it faithfully.
Always tell the truth about where you hurt and how much. Do not exaggerate. Do not minimize. If you have shoulder pain, say you have shoulder pain, do not say you are "fine", even if it "socially acceptable" to do so. If you are hurting, say so. If it hurts your low back to bend down and touch your knees, say it hurts. If you can touch your toes, say you can touch your toes, do not pretend you can only touch your knees.
Always tell the truth about prior injuries. If you have had a prior injury and gone to seek medical treatment, the insurance company will find out about it. If you have lied to increase your benefits, you can go to jail for fraud.
Be patient.
Workers Compensation Attorneys at Madison Law Group
Workers Compensation Law in California is a very specialized practice area that requires the experience and qualifications of Madison Law Group. Our attorneys accept Workers Compensation cases regardless of size in Los Angeles and Southern California.
We make it simple for you to get started. If you have a workers compensation claim in Los Angeles or Southern California, or if you simply need information, fill out our case evaluation sheet or call 1-866-534-2591.
The 
If your workplace injury occurred by fault of a coworker, or negligence of your employer, you may be entitled to receive civil damages in addition to California Workers Compensation benefits. To pursue a civil action based on these circumstances, the injured worker must be prepared to prove to a jury the fault of a "third party." A third party is considered to be a person or party separate and distinct from the injured employee's employer.
ALWAYS report your injury, to your supervisor or manager, AS SOON AS POSSIBLE, no matter what. Your employer must know about the injury before you can receive benefits. If you do not report your injury, or your pains, you open yourself to attacks later that the injury did not occur at work, or denial of responsibility for your injury by your employer or its insurance company.
Always document discussions with the insurance company. Right after you get off the phone, write a little note to the adjuster, or your supervisor telling them what you understood they said and asking them to correct you if you have the wrong understanding. At the very least, keep a calendar of all your injury related activities and maintain it faithfully.
Always tell the truth about where you hurt and how much. Do not exaggerate. Do not minimize. If you have shoulder pain, say you have shoulder pain, do not say you are "fine", even if it "socially acceptable" to do so. If you are hurting, say so. If it hurts your low back to bend down and touch your knees, say it hurts. If you can touch your toes, say you can touch your toes, do not pretend you can only touch your knees.
Always tell the truth about prior injuries. If you have had a prior injury and gone to seek medical treatment, the insurance company will find out about it. If you have lied to increase your benefits, you can go to jail for fraud.
Be patient.