Workers compensation benefits are calculated based on a number of different factors associated with your claim. Because the system is highly regulated and often complex, it is important to act quickly and speak to an attorney who has the experience you need to obtain the benefits you deserve.
In fact, even if your situation seems straightforward and it appears your company is willing to help, the only way to ensure you are being fully compensated is to work with an experienced workers compensation lawyer. Hiring an attorney before a problem arises will make the process much easier than trying to fix unexpected issues later on in the process.
At the Law Offices of Kropach & Kropach, our lead counsel has over 40 years of proven courtroom experience and is a Workers Compensation Certified Specialist — a distinction, not all lawyers possess. We have spent decades helping injured workers just like you, so contact us today and let us help you protect your job and your future.
You Don’t Pay Unless We Win
Since we handle workers comp cases on contingency, you will not have to pay any attorney fees unless we obtain benefits or recovery for you. You have nothing to lose and so much more to gain, so contact us for help today.
Depending on your work-related injury, there are several different types of workers comp benefits to which you may be entitled under California law. For instance, your compensation may cover:
It is also important to remember that just because you are labeled an independent contractor does not mean that you cannot recover workers compensation benefits from your employer if you suffer a work-related injury. In addition, if your employer does not maintain workers compensation insurance, we can help you seek justice using proceedings against the Uninsured Employers Benefits Trust Fund (UEBTF).
Simply put, if you are injured at work, we will exhaust every legal remedy available to get you the benefits you need. After all, insurance companies have claims adjusters and lawyers whose sole aim is to minimize costs, and they will try to find opportunities to deny you benefits whenever possible.
We strongly encourage any person who has sustained a workplace injury or illness to report the incident as soon as possible.
Labor Code Section 5400 contains language that seems to set a 30-day time limit to inform the employer of a work injury, however, Labor Code Sections 5402 and 5403 effectively remove that time limit. Under Labor Code Section 5402, provides that if the employer was aware of any kind of information or received sufficient information regarding injury to afford the employer the opportunity to make an investigation into the facts is the equivalent of Labor Code Section 5400 notice. And under Labor Code Section 5403, injured workers will not be barred for failing to report the claim to the employer within 30 days of the injury unless the employer can show that the delay substantially prejudiced their ability to defend the claim: the absence-of-notice defense is rarely successful.
More importantly: a worker must start their claim with the Workers Compensation Appeals Board within one year from either: (i) the date of injury; (ii) the last day they received monetary workers compensation benefits; (iii) the last day they received medical workers compensation benefits.
It is not practical to go over all the nuances on how late an employee can file a workers compensation claim in this article: it is hard to imagine a situation where it would not be in the employee’s best interest to file a claim as soon as they are aware of their workers compensation injury, but if for some reason an injured worker was not able to timely file their workers compensation claim or notify their employer — perhaps the injury developed slowly over time or manifested after employment ended — then there may be an exception that allows the injured worker to maintain a claim for workers compensation benefits.
Hazards exist in every workplace. Even when all appropriate safety measures and best practices are implemented, physical, mental, and internal injuries can reasonably be expected to arise from work duties—especially from arduous environments. Data provided by the US Bureau of Labor Statistics (BLS) shows that there were around 2.8 million non-fatal workplace injuries or illnesses reported across the country during the last year. In 2019, the incident rate of Employer-Reported Workplace Injuries was 2.8 cases per 100 full-time equivalent workers. Year after year, this number has remained relatively steady. Our Encino workers compensation attorneys help clients who have sustained virtually any kind of injury, including the following:
Our team also knows that workplace injuries can worsen over time and there might be a delay between when the injury occurred/started and when the injured worker is told or realizes that their injury is serious and or requires medical leave and more extensive medical treatment.
We also know that there are many occupational illnesses that occur after a person has been exposed to hazardous conditions or elements for long periods of time. This can include chronic respiratory illnesses, cardiovascular diseases, occupational cancers, hearing loss, vision loss, and more.
There are time limits to seeking compensation, so it is important that your claim follows the correct notification, filing requirements, and deadlines, or the claim may be denied. when you need an Encino workers compensation attorney by your side, we are here to help you stand up to aggressive insurance carriers and employers. So call our office today at 818-609-7005 and schedule your free legal consultation. You can also email us if that is easy for you. While our office is located in Encino, we serve clients throughout the San Fernando Valley, including those in Santa Clarita.