Most workers will be eligible to receive workers’ compensation benefits following an on-the-job injury. However, depending on state laws, some workers, such as independent contractors, may not qualify for compensation after an injury.

Knowing the difference between an employee and an independent contractor is essential to determine if you are eligible for workers’ compensation. An “employee” is defined as a person hired by an employer to perform a specific task or service in exchange for wages or someone hired to perform a job related to the commercial operations of a business. On the other hand, an “independent contractor” is a self-employed person who provides services in exchange for fixed compensation.

Employees are fully covered by workers’ compensation and are entitled to receive compensation in the event of an accident.

On the other hand, independent contractors do not qualify for workers’ compensation benefits in California and many other states. However, even if the company deems you to be an independent contractor, you may have been mistakenly labeled as such.

There are specific tests to determine whether a worker is actually an independent contractor or should be qualified as an employee. Some of the questions in such a test include: How much control does the employer have over the worker? (i.e., do they control when the worker should arrive, how to perform the work, among other details); does the hiring party provide the tools to complete the job? Does the contractor work for someone else or only work with this particular employer? Does the independent contractor have their own insurance?

Depending on the answers to these questions, an “independent contractor” may or may not qualify for compensation following a work injury. Call our Workers Compensation Attorney in Los Angeles for more details.

Hiring the best workers compensation lawyer will give you the ability to receive four types of compensation benefits: medical benefits, disability benefits (both temporary and permanent, depending on the case), vocational rehabilitation, and death benefits for surviving dependents. To know the full extent of your rights, you should know each of these benefits in detail.

• Medical benefits: You might need to hire a workers compensation attorney if you need medical coverage that will include all necessary expenses to treat the effects of the work injury. These include costs such as doctor visits, medications, surgeries, therapy, and much more. Furthermore, you should take into account the long-term expenses your treatment may require.
• Disability benefits: You might need to hire a workers compensation lawyer If your injury impacts your ability to perform your job, you may qualify for disability benefits under workers’ compensation. These benefits generally fall into two categories: Temporary and permanent disability benefits.
• Temporary disability benefits: Our workers compensation lawyers will help you get temporary disability to replace the wages of workers who are disabled for a certain period of time after an injury or surgery. It usually lasts for a few weeks or a few months.
• Permanent disability benefits: If you suffer injuries after your work injury that impair you permanently, you may qualify for permanent disability benefits.
• Vocational rehabilitation: If your injury prevents you from performing your previous job to the fullest extent, you may be eligible to receive a voucher to pay for retraining at eligible schools.
• Dependent death benefits: No one likes to think about what would happen in the event of a death on the job, but it’s a relief to know that your loved ones will be taken care of should tragedy strike. If a worker is killed on the job, his or her dependents, such as children, spouse, parents, grandparents, etc., will receive death benefits after the incident.

Talk to one of the best Workers Compensation Attorney in Los Angeles today if you have more questions about the matter. 

You are not strictly required to have been injured in the workplace to be eligible for workers’ compensation benefits. If your injury occurred while performing any activity contemplated within the scope of your employment, you would qualify for proper compensation. 

  At first glance, this may seem confusing. That’s why talking to our Los Angeles Workers Compensation Lawyer will give you examples to help you understand when you would be eligible for benefits:

• If your job requires you to drive a company vehicle and you get into a car accident, you may be eligible for workers’ compensation after the collision.
• If you were injured while traveling to perform a work-related activity, you might also be eligible for workers’ compensation benefits.
• If you sustained an injury while attending a company recreational event, you might be eligible for compensation as long as you were required to be present at the event.

Conversely, here are some examples where you would not qualify for workers’ compensation:

• Injuries sustained while commuting to and from work do not qualify for benefits.
• If you leave the job site during a break, injuries sustained during that time will also not be covered by workers’ compensation.

As stated above, if your injury occurred while performing an activity within the scope of your employment, you will qualify for workers’ compensation. However, certain situations may not be so clear-cut.

For example, if you suffer an injury during a break on company premises (in the cafeteria, for example), you will qualify for workers’ compensation in many states.

However, certain workplace injuries are not covered by workers’ compensation:

Injuries due to intoxication or substance abuse: Work injuries caused by alcohol or other substance intoxication won’t qualify for workers’ compensation. If there is an irregular level of alcohol in your blood at the time of your injury, that fact will likely be used against you to deny your claim.

Horseplay: If a co-worker assaults you at work, you will likely qualify for workers’ compensation. However, if you fought with your co-worker (especially if you incited the brawl), be assured that you won’t be eligible for workers’ compensation benefits. Injuries caused by any other type of horseplay may not qualify for compensation either.

Intentional infliction: If you self-inflict an injury with the intent to abuse the workers’ compensation system to receive benefits, you won’t qualify for any benefits and may even face an insurance fraud lawsuit.

The answer to this particular question often varies significantly from state to state. In some states, you will have to go to a treating physician designated by your employer or its workers’ compensation broker. On the other hand, other states will allow you to see the doctor of your choice after a work-related injury.

In California, for example, you will be able to choose your doctor of choice as long as you have medical coverage for non-work-related treatment and you have provided written notice to your employer prior to your work injury (this is known as “predesignation”). Of course, your doctor must have agreed to treat your potential job-related injuries in advance. However, when hiring us our workers compensation attorneys in Los Angeles or our workers compensation attorneys in Burbank will help you find a doctor that will treat you while the case is being processed. 

Please keep in mind that you should feel comfortable with your treating physician. After all, their input will be critical during your workers’ compensation claim. If you disagree with their assessment of your injuries, you may be able to change doctors at a later date. If you need assistance in doing so, consider seeking qualified legal help.

Suppose your workers’ compensation claim was denied. In that case, it means that the insurance company has determined that your injury was not work-related or that, for whatever reason, it is not covered by workers’ compensation.

In these cases, you will receive a written notice from your employer or its insurer explaining why your claim was denied and what you can do to appeal the decision.

It’s easy to feel frustrated after a denied claim, especially if you believe the reasons for the denial are flawed. But this is just the beginning of your legal battle.

However, appealing a denied workers’ compensation claim is considerably complex and requires greater legal expertise to get the results you are seeking. Therefore, it is highly recommended that you work with our Workers Compensation Lawyer in Los Angeles during the process.

If you apply for workers’ compensation benefits after an on-the-job injury, you will forego the ability to sue your employer for damages. This is because the workers’ compensation system encourages employers to compensate employees regardless of who was responsible for the injury. Thus, both employees and employers save time and money by steering clear of dealing with a personal injury claim.

Now, the main difference between workers’ compensation claims and personal injury claims is that in the latter, you must prove your employer’s fault to receive compensation.

If your injuries were caused by gross negligence on the part of your employer, you might be able to obtain a more considerable compensation through a personal injury claim. However, keep in mind that if you fail to get a favorable verdict, you may have to cope with your injuries out of your own pocket.

On the other hand, there are specific scenarios in which you may be able to file a personal injury claim against a third party for additional compensation following a work-related injury.

• If a defective product caused your work injury, you might be able to file a claim against the manufacturer and be compensated for your damages.
• If you were involved in a car crash in the course of your employment, you might be able to file a car accident claim against the at-fault driver to be compensated for your injuries, material losses, pain, and suffering.
•   If you suffered an injury on their premises while visiting a client, you might be able to file a premises liability claim.

The vast majority of work comp cases end with a monetary settlement out of court. However, this is not always the case.

If your injuries were minor, you might decide to accept the compensation offered by the insurance company to avoid a lengthy litigation process. However, you should not allow insurance companies to lowball your claim, especially if your injuries were particularly severe.

In these cases, you should try to negotiate with the insurer to obtain fair compensation.

However, if you are not in a position to negotiate, working with a work comp attorney maybe your best option.

If you choose to work with our Los Angeles workers compensation attorney or workers compensation attorney in Burbank, getting the compensation you need will be much simpler and straightforward.

For starters, the attorney will gather all the evidence available to build a solid case. This includes pictures of your injuries, witness accounts, and even the medical report from your treating physician.

Next, the attorney will aggressively negotiate with your employer’s insurance carrier. The goal is to obtain the maximum possible compensation for your claim, and the legal professional will do everything possible to achieve this.

In short, the attorney will manage all the details concerning your claim. In the meantime, you can focus on your recovery and getting back to your everyday life as soon as possible. Talk to a local Work Comp Lawyer in LA