Skilled Guidance For Your Workers’ Comp Claim
Employers and their insurance companies commonly deny or undercut workers’ compensation claims. This is a serious hardship if you can’t go back to work or can’t get the medical care you need. The Van Nuys workers’ compensation attorneys of Koszdin, Fields & Sherry will fight for the full benefits and compensation you deserve.
We don’t dabble in workers’ comp — it is the sole focus of our firm. We have represented thousands of injured workers across Southern California since 1955, and all of the firm’s partners are certified specialists* in workers’ compensation law.
Talk to one of our Van Nuys workers’ compensation attorneys.
Call today for a free consultation if you were hurt in a workplace accident or developed a work-related disability. From our office in Van Nuys, we serve clients throughout Greater Los Angeles.
What Types Of Benefits Are You Eligible For?
Workers’ compensation can be very complex, and many injured workers do not understand their rights or are reluctant to exercise them. Our worker compensation lawyers have the knowledge, resources, and experience to fully develop your case, with the goal of obtaining the maximum injured worker benefits to which you are entitled to:
- Medical benefits — We help clients get access to medical specialists and authorization for necessary medical care, including surgery, rehab, and medications.
- Disability benefits — We work to ensure that you receive timely and correctly calculated compensation for benefits while you are unable to work.
- Permanent disability — We aggressively fight for your permanent disability benefits to ensure you get the full amount you deserve, and we can determine if a lump-sum settlement would serve your best interests.
- Social Security Disability — If a disabling work injury has lasted or will last for 12 months, we can help you obtain benefits in your SSD claim.
For more information, see our Workers’ Compensation FAQ.
What should you do after sustaining a Van Nuys work injury?
If you sustain an injury on the job, there are various steps that you need to take both immediately and in the days and weeks that follow the work injury. At Koszdin, Fields, & Sherry , our Van Nuys work injury attorneys recommend that victims take the following steps in these cases:
- Ensure prompt medical treatment occurs: Any workers’ compensation claim is going to revolve around medical treatment. It is crucial that a person who sustains an on-the-job injury or illness seek medical care as soon as possible. Seeking prompt medical care accomplishes two goals. First, this ensures that you are caring for your well-being. Second, seeking medical care establishes a direct link between the incident and your injuries. Failing to seek prompt medical care after a work injury could lead to an employer or insurance carrier denying the claim.
- Report the work injury to a supervisor: All work injuries need to be reported to a supervisor as soon as possible. We will discuss the legal timeframes for these cases in a moment, but you need to let a supervisor know what happened. Failing to report an injury or illness promptly could result in the claim being denied by the employer or the workers’ compensation insurance carrier.
- Follow all recommendations made by a doctor: Securing workers’ compensation benefits for medical bills, lost wages, and disability will largely depend on how severe the injury or illnesses is well as how long the recovery takes. That is why it is important for any injured worker to continue to follow all treatment protocols prescribed by a doctor. This includes going to all follow-up visits, going to physical therapy and rehabilitation, using appropriate medical devices, and taking appropriate medications. Deviation from a doctor’s treatment protocols could result in the claim being delayed or denied by the employer or the workers’ compensation insurance carrier.
How long do you have to file a work injury claim in Van Nuys?
If you or somebody you care about has been injured or sustained an illness due to the workplace, you need to be aware that there are various time limits for filing a claim. The first time limit in place under California workers’ compensation laws has to do with how quickly victims must report the injury or illness to their employer. Under the law, an employee must report their on-the-job injury or illness to the employer within 30 days from the onset of that injury or illness. In most cases, this will trigger the workers’ compensation claims process on the employer’s end, which means they will fill out the forms necessary and then provide notification to the workers’ compensation insurance carrier.
There are various rules in place that determine when the 30-day period begins. If a traumatic work injury occurs, there is generally no doubt about when the incident happened. Traumatic and acute injuries need to be reported 30 days after they occur. However, for injuries that develop over longer periods of time, such as repetitive motion injuries or an occupational illness, determining the exact date of the onset of the injury or illness can be difficult. In general, these injuries need to be reported within 30 days from the time a person receives a diagnosis of the injury or illness.
In many cases, a person who sustains a workplace injury does not need to seek medical care immediately. Sometimes, the full extent of an injury or illness is not known right away. In these cases, it may be necessary for an injured worker to receive care well after the initial 30-day reporting. However, as long as the initial report was made within the 30-day timeline, the injury victim has one year from the date the injury or illness occurs to file a claim with the workers’ compensation insurance carrier.
Why would a Van Nuys work injury claim be denied?
There are various reasons why a Van Nuys workers’ compensation claim may be denied. If you do find out that your employer or the insurance carrier has denied a claim, do not panic. Your next step needs to be to speak to a Van Nuys workers’ compensation attorney who can help you through this process. There are various legitimate reasons why an employer or an insurance carrier could deny a work injury claim. This can include the following:
- The injury was deemed not work-related
- The injury occurred during off-duty hours (breaks, meals time, transportation time)
- The injury was caused by a third party
- The injury victim did not seek medical care
- The injury victim needed no time off from work
- The injury victim was impaired by drugs and alcohol when the incident occurred
- The injury occurred due to horse playing in the workplace
However, it is important to bear in mind that employers and workers’ compensation insurance carriers often say that their denial of a claim is legitimate when it really may not be. There have been many times when our attorneys help clients secure compensation even after their claim has been denied.
Taking Action To Assert Your Claim
Our legal team welcomes all workplace injury and illness claims, from back injuries and accidents in the workplace to repetitive motion injuries, mental stress claims, and side effects of work injuries. We encourage you to reach out to us early in the process, but we can still represent you if your claim is denied or delayed.
For a free consultation with Van Nuys workers’ compensation attorneys, call 818-812-5639 or 800-747-3447 or contact us online. Our staff is bilingual, and we can arrange interpreters for other languages. 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.
