Workers’ Compensation Claim Eligibility in Los Angeles

Dealing with a workplace injury can be frustrating, especially if it requires extensive recovery time. This could force you to miss work, costing you income for weeks, months, or even years. The good news is that the workers’ compensation system could cover those lost wages and pay for the cost of your medical care.

If you have questions about workers’ compensation claim eligibility in Los Angeles, now is a good time to ask. If you qualify, a claim could provide you with the resources you need to recover and return to work. Let our skilled workers’ comp attorneys advise you on how to proceed.

Workers’ Compensation and State Law

Every state has its own approach to workers’ compensation systems. California law requires virtually every employer to cover their workers in case of a workplace injury. However, the way each company chooses to approach this process can differ.

Some companies purchase plans through private insurers, while others rely on state-created funds. Particularly large companies often assume the risk of a claim on their own and pay out of pocket instead of purchasing a policy. What matters is that all employers take some form of financial responsibility for work-related injuries.

The unfortunate reality is that disputes can arise over whether or not a worker is entitled to coverage. An attorney in Los Angeles could investigate your circumstances to determine if you qualify to claim workers’ compensation.

Eligibility Factors for Work-Related Injury Claims

Not everyone hurt at their workplace is entitled to benefits. Moreover, a workers’ compensation claim might not be related to injuries at all. For example, some employees are eligible to file claims based on occupational illnesses developed in the workplace. The following are some of the most important workers’ comp eligibility requirements in Los Angeles.

Employees Only

Workers’ compensation claims are only available to employees who are hurt or become ill on the job. However, it is important to note that you could be considered an employee under state law, no matter how you are categorized by the company you work for. It is not uncommon for employers to hire someone as an independent contractor but expect them to agree to the same level of control as an employee. In these circumstances, you could be entitled to workers’ compensation coverage.

The Injury Must Be Work-Related

Your injury or illness has to be work-related for your claim to be viable. Often, this involves a worker sustaining an acute injury at their workplace, such as in a fall or vehicle accident. Some claims are the result of repetitive stress injuries or exposure to hazardous chemicals at work.

Exceptions

A few factors could keep you from recovering benefits even though you would otherwise qualify. Some of these are related to the circumstances of the injury. For example, you may not be eligible if you were hurt due to impairment or because you were roughhousing at the time of the injury.

Failing to comply with a deadline could also result in a denied claim. You must report an accident to the company within 30 days, and there are also limitations based on when you file the claim with the carrier.

Talk to an Attorney in Los Angeles About the Eligibility Criteria for Claiming Workers’ Compensation

If you were hurt at work, you might be entitled to benefits through the state workers’ compensation system. It is vital to seek out legal help, especially if you have questions about workers’ compensation claim eligibility in Los Angeles. Call right away for a confidential consultation.