Compensation For Lost Wages Or Permanent Injury
If you cannot work because of a work-related accident, injury, or illness, you are entitled to disability benefits to cover your loss of income. These benefits are often denied, delayed or miscalculated, or sometimes terminated before the employee has healed.
At Koszdin, Fields & Sherry we stand up to employers and insurance companies to win the full disability compensation our clients deserve. Whether you are temporarily disabled or permanently injured, our workers’ compensation specialists* handle temporary disability and permanent injury claims across Southern California.
Are you getting full benefits? Are you getting the runaround?
Call us today for a free consultation about your entitled benefits under California workers’ compensation. From our office in Van Nuys, our law firm helps clients throughout Greater Los Angeles.
What Types Of Benefits Are You Eligible For?
Our experienced lawyers are knowledgeable about every aspect of disability benefits:
Temporary Disability (TD) — If the injury keeps you off the job for more than three days, you may be eligible for temporary disability. These benefits are equal to two-thirds of your average weekly wage with a maximum amount depending on the year of your injury. In general, TD benefits continue until you return to work, your primary treating physician clears you to work or you reach a maximum of 104 weeks.
Employers often undercalculate benefits by neglecting to include overtime, bonuses, commissions, tips, or wages from second jobs. We can step in to make sure you get the full entitled amount, including any back pay owed to you. We can also handle your appeals through the proper channels if your claim is denied for any reason.
Permanent Disability (PD) — If a lasting injury affects your ability to earn a living, you may be eligible for permanent disability. You can collect PD benefits even if you return to work. Permanent disability benefits are based on your impairment rating, expressed as a percentage.
If there is a disagreement over your impairment rating or medical treatment, your claim may be evaluated by a qualified medical evaluator (QME) or an agreed medical evaluator (AME). Our attorneys can prepare the request for reconsideration of the summary rating and argue your case before the Workers’ Compensation Appeals Board.
Disability Settlements — Once the disability rating is resolved, an injured employee may opt for a lump-sum settlement of the claim, subject to approval by a workers’ compensation judge. You might settle the entire claim (compromise and release) or settle the disability claim but retain the right to future medical care (stipulation with a request for the award). Our attorneys can help you decide what is in your best interests.
You may also be entitled to Social Security Disability benefits
In addition to workers’ compensation benefits after a work injury, or disability, you may also be entitled to receive Social Security Disability Insurance Benefits (SSDI). Unfortunately, approximately 70% of all SSDI benefits applications are rejected after the first round. This is true even for those who have a valid work injury claim and have been receiving disability benefits through the workers’ compensation system.
In order to help is this application process, you should work with a skilled Social Security Disability attorney in Los Angeles. At Koszdin, Fields & Sherry we are standing by to help. We have assisted clients throughout Southern California to secure their rightful SSDI benefits. Our team is ready to get you through this regardless of whether or not you are just starting the application process or if you need help going through the proper appeals.
We have a track record of success helping those with all types of physical and mental disability claims, including the following:
- Herniated disk and other back and neck injuries
- Orthopedic injuries (broken bones)
- Traumatic brain injury
- Depression and bipolar disorder
- Anxiety disorders and panic attacks
- Post-traumatic stress disorder (PTSD)
- Arthritis and inflammatory diseases
- Heart disease
- Lung ailments
- Liver failure and kidney disease
- Complications of diabetes
- Various types of cancer
Time limit to file a Los Angeles disability benefits claim after a work injury
It is crucial to understand that filing for disability benefits through the workers’ compensation system in California is a complicated process, and there are deadlines in place that workers need to be aware of. Even though you are would be worried about disability claims in the aftermath of a work injury, you still need to abide by the state work injury reporting deadline, or you will never get to the point where disability benefits kick in.
In California, all work injuries need to be reported to an employer within 30 days from the time the injured worker becomes aware of the condition. This can be from the moment you sustain an injury, or from the time that you are diagnosed with or realize that you have an injury, or illness caused by the workplace.
Additionally, workers need to be aware of the California statute of limitations for a work injury claim. All work injury claims must be made within one year from the date of the injury, or illness. If an injured worker has been receiving medical treatment or benefits after sustaining a workplace injury, they can file an application with the Workers’ Compensation Appeals Board within five years after the date of their injury, or illness if their disability condition changes.
Take Action Today To Assert Your Rights
We understand that any delay or reduction in your disability benefits can be a major hardship when you cannot work. For a free consultation with our knowledgeable and aggressive Van Nuys disability benefits attorneys, call 818-812-5639 or 800-747-3447 or contact us online. You pay no fees unless we win your case.
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*Certified by The State Bar of California Board of Legal Specialization as specialists in workers’ compensation law
Any person who makes or causes to be made knowingly false or fraudulent material statements or material representation for the purpose of obtaining or denying workers’ compensation benefits or payment is guilty of a felony. Toda aquella persona que sablendo tapa o causa que se produzca cual quier falsas o fraudulentas alegaciones o representación de trabajadores es culpable de un crimen mayor.