Los Angeles Workers’ Compensation Lawyers Fight for Your Benefits

Specialized law firm helps you file and appeal your claim

The California workers’ compensation system is an important safety net for employees who are hurt on the job and are unable to work. Unfortunately, many injured workers have their legitimate claims fully or partially denied, exposing them to financial hardship. Many workers are unaware of their rights and don’t know where to turn. At Goldschmid, Silver & Spindel in Los Angeles, our attorneys are certified by the California State Bar as specialists in workers’ compensation law. We have been protecting the rights of injured workers for more than 40 years and can demonstrate a proven history of maximized recovery for clients,

Your rights under California’s workers’ compensation law

Under state law, employees are entitled to benefits when they suffer a work-related injury. It is important understand your benefits and how workers comp works.  Depending on the severity of the work injury, workers comp benefits may include:

• Medical care — This is payment for diagnosis, treatment, physical therapy, medication and medical assistance devices.
• Temporary disability payments — This is compensation for loss of wages due to an injury that prevents you from doing your usual job while recovering.
• Permanent disability payments — This is compensation for a disability that makes you totally or partially unable to return to your job.
• Life pension — This pays out for the rest of your life once disability payments run out, if your permanent disability is greater than 70 percent.
• Supplemental job displacement payments — These vouchers help pay for retraining or skill enhancement if you don’t recover completely and don’t return to work for your employer.

In the worst-case scenario, death benefits are available to a spouse, children or other dependents of a worker who died from an employment-related injury or illness.

Getting an accurate assessment of a disabling injury

If you have sustained a permanent disability, an accurate disability rating is essential because it determines the amount of compensation you receive. We have managed partial and total disability determinations in cases involving:

• Environmental injuries
• Wear-and-tear injuries
• Cumulative trauma
• Occupational disease
• Brain injuries
• Catastrophic injuries

Our firm asserts your right to good medical care from doctors you trust. Getting an accurate disability rating can be a complicated process, but we stand by our clients at every stage. Whether you are suffering from overexertion due to heavy lifting, are experiencing work-related emotional stress, have injured your back in a fall, or have developed an environmental or occupational disease, our firm is here to help you. But be aware: you have only 30 days to notify your employer of your work injury or illness, and you must file your claim within one year after that notice.

What to do if you’re denied compensation for your injuries

If your application for benefits has been rejected, you have a right of appeal. Among the grounds of denial that can be challenged are those where the employer asserts that the worker:

• Is not an employee — Only employees of the company are covered, not contractors. This often leads to disputes over whether an employee has been misclassified.
• Did not sustain a work-related injury — To qualify, you must be engaged in some activity or task that benefits your employer. This is a fact-specific question that depends on the circumstances of your employment.
• Did not meet state injury guidelines — The state labor code defines what constitutes an injury.
• Missed important filing deadlines — You must notify your employer within 30 days of when you first became aware of the injury.
• Was not injured at all — While workers’ comp fraud is a very real problem, it is also true that medical diagnostics cannot prove or disprove many painful conditions. Credible witness testimony can convince the Division of Workers’ Compensation that you were in fact injured and that it should approve your claim.

We are experienced at crafting workers’ comp appeals and have presented them successfully appeals at all levels, from the Workers’ Compensation Appeals Board to the California Court of Appeals and even to the California Supreme Court.

Contact our creative workers’ compensation law firm in Los Angeles

Goldschmid, Silver & Spindel has been handling workers’ compensation cases successfully for more than 40 years and we charge no up-front legal fees. To learn more, schedule a free consultation by calling 213-251-5900 or contacting our Los Angeles office online.