The Best Los Angeles Workers’ Compensation Lawyers For 2024

California law requires most businesses with employees to have workers' compensation insurance. Workers' comp provides benefits to employees who suffer work-related injuries or disabilities. Injured workers usually don't need an attorney to obtain these benefits. However, you should call a Los Angeles workers' compensation lawyer if you've been denied benefits or sustained a serious injury.

ConsumerShield specializes in helping you understand the law that applies to your situation and your rights under the law. If you need an attorney, we can connect you with one of the best lawyers in your area - from Chicago to Los Angeles. This article will summarize California workers' compensation laws, help you understand the claims process and discuss when you might need to contact a Loa Angeles workers’ compensation attorney.

What Is Workers' Compensation?

Workers' compensation is a type of insurance coverage. It provides compensation to employees who suffer an on-the-job injury or develop an occupational disease related to their work. Workers' compensation covers many situations, including:

• Injuries that occur in the workplace or while the employee is performing work-related activities (such as inspecting a job site, visiting a client, working from home or traveling for business).

• Occupational diseases, including repetitive-use injuries, carpal tunnel syndrome, degenerative disorders and hearing loss.

• Occupational diseases like mesothelioma and asbestosis due to toxic chemical exposure or other cancers (such as those caused by exposure to radiation, pesticides or PFAS chemicals).

In most cases, an injured worker does not have to show their employer was negligent or prove anyone was at fault for their injury or condition. Workers' compensation provides benefits regardless of liability – even if the employee was at fault.

Is Workers' Compensation Mandatory in California?

All California businesses with one or more employees must carry workers' compensation coverage. Out-of-state companies may also be required to have coverage for employees working in the state. Certain businesses, such as roofers, must carry workers' comp coverage even without employees. Companies can purchase coverage from a private insurer or the State Compensation Insurance Fund. Some employers may also have the option to self-insure.

Who Is Covered by Workers' Compensation?

Generally, workers' compensation policies don't cover independent contractors. However, employers often misclassify employees as independent contractors to avoid paying taxes, fees and workers' compensation coverage.

An employer can't simply decide that a worker is an independent contractor rather than an employee. Agreements between employers and workers are also invalid. California law defines the narrow circumstances in which employers can classify workers as independent contractors and avoid their obligation to provide employee benefits (including workers' comp coverage).

An employer must meet the "ABC test," proving a worker:

• Is free from control or direction over the performance of their services,

• Performs a service of a type that is outside the usual course of the employer's business.

• Engages in an independently established trade, occupation, profession or business providing the same type of service.

Only workers who meet all three "ABC test" requirements can properly be classified as independent contractors and exempt from coverage requirements.

Example: A day laborer working on the 1930 Wilshire Project reports to a construction manager each morning, who tells him what to do, provides the necessary tools and supervises him as he works. This worker is an employee, even though his employment is temporary, and should be covered by the employer's workers' comp policy.

A consultant working on the same project specializes in historical preservation and restoration. She runs her own business and works independently on this and other projects in the LA metro area. The construction management company does not offer the services she provides. This worker is an independent contractor. 

If you have been denied workers' compensation benefits and believe you are misclassified as an independent contractor, consult a Los Angeles workers' compensation attorney.

Workers' Comp Benefits for Los Angeles Workers

If you are injured at work or suffer from a work-related illness or condition, workers' compensation benefits may include:

• Medical care that is reasonably required for the injury.

• Temporary disability benefits while you are off work recovering from the injury.

• Permanent disability benefits if you sustain permanent disability or disfigurement.

• Supplemental job displacement benefits (for workers injured in 2004 or after) to help pay for skill enhancement or retraining for a different job. (Recipients of this benefit who were injured in 2013 or after may also qualify for an additional, one-time payment under California's Return-to-Work Supplement Program.)

Workers' compensation also provides death benefits to a worker's spouse, children or other dependents if their injury or illness is fatal.

The Value of a Los Angeles Workers' Compensation Attorney

After an employee reports a workplace injury, their employer should immediately report it to their insurer or workers' compensation administrator. The employee's medical providers should submit their bills to the employer or insurer. The insurer pays the medical bills directly and sends temporary disability payments while the patient recovers. When the worker reaches maximum medical improvement, the insurer offers a settlement for any permanent disability.

Unfortunately, an injured worker often has to fight tooth and nail every step of the way. Employers may claim the worker doesn't qualify for coverage or dispute that the worker's injury or disease is work-related. The insurer may dispute the scope, extent, or cost of medical treatment, or extend a settlement offer severely undervaluing a worker's permanent disability claims. Knowing when a workers' comp settlement offer might occur can be essential to navigating these disputes and determining whether the offer fairly compensates you for your injury.

If the employer denies your claim for workers' compensation benefits or you disagree with your benefits award, you can file a petition with the California Division of Workers' Compensation asking to review your case. You will need to provide evidence and attend a trial before a judge. If the judge rules against you, you are entitled to appeal in court.

Although an attorney is not required, the process is complicated and involves numerous deadlines. Retaining a Los Angeles workers' comp lawyer can significantly improve your chances of successfully resolving your claim.

How a Los Angeles Work Injury Lawyer Can Help You Recover

Workers’ compensation benefits only provide a percentage of an injured worker's lost wages and no compensation for pain, suffering and other noneconomic damages. However, injured workers may be able to recover additional compensation from different sources. An attorney can help you understand the options available in your case. These may include:

• Suing Your Employer. Workers' compensation benefits are generally an exclusive remedy for work-related injuries, but some exceptions exist. You may be able to pursue a lawsuit if your injury resulted from gross negligence or intentional acts by your employer (or one of its agents, such as a manager).

• Third Party Lawsuits. Some workplace injuries are caused by a defective or dangerous product. In other cases, another person or entity may be legally at fault. You may be able to sue the responsible party for damages not covered by workers’ compensation.

• Government Benefits. You may be eligible for Medicare, Medicaid, Social Security Disability Income, VA benefits or other government programs due to your illness, disability or injury.

• Settlement Funds. Individuals suffering from mesothelioma or other illnesses caused by workplace exposure to asbestos or other toxic chemicals may be able to obtain benefits from victim relief funds.

An experienced Los Angeles workers' compensation lawyer can help you explore all potential opportunities for recovery and help you negotiate a full and fair settlement for your injuries.

Retaliated Against? Hire a Los Angeles Workers' Comp Lawyer

California law also protects employees from retaliation due to their use of the workers’ compensation system for reporting employers who fail to comply with their workers' compensation coverage requirements. If you have been fired, demoted, harassed or retaliated against at work because of a work-related injury or for asserting your workers’ compensation rights, contact an attorney immediately.