Through the State Bar we are a Certified Workers’ Compensation Specialist
Experienced Workers’ Compensation Lawyers in Southern California
Have you been hurt on the job? At Perona, Langer, Beck and Harrison, our dedicated legal team is committed to providing exceptional legal representation for injured workers navigating the complicated Workers’ Compensation system. When it comes to safeguarding your rights and securing the monetary compensation and medical treatment you deserve, our experienced workers’ compensation lawyers in Southern California are here to guide you through every step of the process.
Why Choose Our Workers’ Compensation Lawyers?
At Perona, Langer, Beck and Harrison, we understand the complexities of workers’ compensation law and the challenges you may face after sustaining a workplace injury. Unlike many other firms, every case is handled by a licensed California attorney, including California Bar Certified Worker’s Compensation Specialists.
Here’s what sets our workers’ compensation law firm apart:
- Our firm has decades of experience in workers’ compensation cases and has recovered over a billion dollars in compensation for our clients.
- Our attorneys have frequently served as Judge Pro Tem for the Worker’s Compensation Appeals Board.
- Our workers’ compensation lawyers understand each case is unique and tailor our legal strategies accordingly.
- We work on a contingency fee basis, so you won’t pay us unless we secure compensation for you.
- We offer risk-free, no-obligation consultations so you have nothing to lose by calling us.
- Through the State Bar we are a Certified Workers’ Compensation Specialist.
We have decades of experience in workers’ compensation cases. In the past 15 years alone, we have secured over a billion dollars in benefits and awards for our clients. You can trust us to fight hard to secure the best possible result in your case, too.
Have you been injured at work? Contact our Workers’ Compensation lawyers in Southern California today to learn more about your options!
Types of Workers’ Compensation Cases We Handle
Our experienced workers’ compensation lawyers handle a wide range of cases, including but not limited to: All orthopedic injuries, psychological/stress related injuries, toxic exposure injuries, and catastrophic injuries.
Your injury could occur from a single event, or even be built up from years of work.
Who is Eligible for Workers’ Compensation in California?
In California, all employees, regardless of their employment status (full-time, part-time, or seasonal), are entitled to workers’ compensation benefits. It also does not matter how many employees your employer has. Whether you work for a large corporation or a small business, your employer must provide workers’ compensation insurance, except for rare exemptions.
We represent individuals across a broad array of industries, including first responders, health care workers, construction workers, industrial workers, drivers, business professionals, and more! If you were recently injured at work and are wondering when you should get in contact with our workers’ compensation lawyers, the answer is now.
What Damages Can You Seek in a Workers’ Compensation Case?
When pursuing a workers’ compensation case, you may be eligible to seek various forms of compensation, including:
- All necessary medical treatments related to your workplace injury or illness.
- Temporary disability benefits if your injury prevents you from working.
- Permanent disability benefits to compensate for lasting impairments or disabilities.
- Assistance with job retraining or finding suitable employment if you can no longer perform your previous job.
- California’s Return-to-Work Fund Supplement Payment
- Death benefits for surviving family members in the unfortunate event of a work-related fatality.
Our firm will work tirelessly to get you the maximum compensation that you deserve. We also work solely on contingency so we will never collect any lawyer’s fees unless we obtain the compensation to which you are entitled.
Why You Need a Workers’ Compensation Lawyer
Navigating the workers’ compensation process in California can be complex, and the insurance company is not there to help you. Hiring an attorney from the beginning is vital to ensure that you do not become another victim of the worker’s compensation system. From selecting the right primary care physicians, to taking your case to trial, we will guide you each step of the way.
Contact Our Experienced Workers’ Compensation Lawyers in Southern California Today for No-Risk Representation
Don’t face the challenges of a workers’ compensation claim alone! Having an experienced workers’ compensation lawyer assisting with your claim from the very start is highly advantageous to your case. We have decades of experience overturning insurance denials, obtaining the proper medical care, and procuring the highest settlements for our clients. Give our office a call today at (800) 435-7542 for your free consultation.
Workers' Compensation Extended Hours
We Are Here Late To Help You With Your Claim
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Frequently Asked Questions
What is the protocol if or when I get hurt on the job?
We always recommend that you report your injury immediately to your supervisor. If possible, written communication is best, so that we may have proof. Should your employer fail to provide you with medical attention, we recommend that you immediately seek treatment with your primary care physician, urgent care, or the emergency room. Please keep all receipts from your visits for reimbursement with the worker’s compensation insurance carrier.
What is the required time frame to report an injury?
We highly recommend that you report your injury immediately, and in writing if possible. Often, when cases are not reported in a timely manner, the insurance company will deny your claim, leaving you with no medical treatment or benefits.
If a workplace injury develops over time or if I end up contracting a work-related illness, do the protocols differ from filing a general workers’ compensation claim?
There are two types of injuries:
1) Specific injuries, where an employee injures him/herself from a specific incident. (Lifting a heavy box, falling, etc.)
2) Cumulative Trauma Injuries: injuries that develop over a period (Lifting heavy materials over a year long period, typing every day for a year, etc.)
We recommend that you report the injury immediately after it happens or immediately when you have pain. It is important to report the injury in writing, if possible.
What types of settlements are available and how do they differ?
There are two types of settlements available: 1) Compromise and Release and 2) Stipulations.
A Compromise and Release is a lump sum settlement, which does not include open medical treatment. Essentially, the one-time payment shall close the Worker’s Compensation case, and the insurance company ceases to have any liability for the injury.
A Stipulations with Request for Award is an agreement to the percentage of Permanent Disability that an injured worker may have. The percentage of disability has a monetary value determined by the State of California. The value is then paid in bi-monthly installments until it is exhausted. However, unlike a Compromise and Release, this option leaves medical treatment open for the remainder of the injured worker’s life.
What are some of the common mistakes that people make when filing a claim?
The biggest mistake that an injured worker can make is to assume that the insurance company is there to help you. The harsh reality is that insurance companies are not, and they couldn’t care less about your injury. It is imperative that you hire an attorney ASAP so that you can get the proper medical attention and monetary benefits that you are entitled to.
Remember, the adjuster works for the insurance company, not you!
What damages am I able to recover from an injury claim?
If you have sustained an injury, the insurance company is responsible for medical treatment, monetary benefits while you are unable to work, and monetary compensation for any permanent disability that you may have. It is important that you have the right physicians for your case, as they will be determining several factors that impact the amount of money that you receive.
What are the benefits of hiring an attorney for my case?
Attorneys will help you navigate the complex Worker’s Compensation system. Attorney can assist you with the following critical tasks:
- Designating/locating the correct physician. Insurance companies will send you to a clinic, which will not provide any treatment other than pain medication. Since the physician has a major role in determining the value of your case and whether your case is accepted or not, it is critical that you designate the right one. Without firsthand knowledge of the insurance’s medical network, it is impossible to determine which physician is good for your case.
- Obtaining Monetary Benefits: Attorneys will assist you in ensuring that you are paid the monetary benefits while you are unable to work. Attorneys will review and monitor all medical reports to ensure that you are obtaining the proper treatment and benefits that you are entitled to.
- Obtaining a second or third opinion: Frequently, the medical reports for your case do not accurately detail the severity of your injury and/or disability. Attorneys are familiar with the medical guidelines that determine the severity of your injuries. They can question the physicians on their opinion, request neutral medical evaluations, and even take the deposition of the physicians to ensure that the diagnoses you receive are accurate.
- Settlements and Trials: An attorney is well versed in the values of cases and can advise you as to what option is best suited for your goals. Attorneys have extensive knowledge regarding the values of disabilities and medical treatments. In the event the insurance company does not provide you with an acceptable offer, an attorney can set your case for trial.
How are the attorney fees processed regarding my workers’ compensation case? Is it required that they are paid upfront?
Attorney’s fees are 15% of all monetary compensation recovered. If there is no monetary compensation, then the attorney does not receive a fee. This ensures that we will fight for every penny that you are entitled to.
What is a workers’ compensation deposition?
A deposition is an opportunity for the insurance attorney to gather information. Generally, they will ask questions about your past, with an emphasis on prior injuries and/or jobs. They will also ask background questions to verify the veracity of your answers.
Do not be intimidated by the deposition, as you will have an attorney representing you at the deposition. He/she will guide you as you go and instruct you when to answer and when not to answer.
How do I get benefits if my claim is denied?
Only cases that are accepted will receive Temporary Disability Benefits (monetary payments) from the insurance carrier. If your case is denied, the only source for monetary payments while you are unable to work will be through EDD. You may apply for State Disability Benefits through EDD if your doctor certifies you to be off work.
An attorney can assist you in obtaining medical treatment if your case is denied, as most private insurance companies will not provide treatment once they learn that the injury was work related. An attorney will gather the medical evidence necessary to litigate the denial of your case, and help you receive temporary disability benefits.
The answer is dependent on the reason why your claim is denied. There are many reasons why a claim may be denied, and each case is different. Some reasons why your claim may be denied include the insurance company/employer claiming (1) you were not an actual employee; (2) you gave notice of your workers’ compensation injury only after your employment ended; (3) there is insufficient medical evidence to substantiate a claim; (4) your claim is barred by a statute of limitations; (5) your injury did not arise out of or in the course and scope of your employment, etc. We are sometimes able to request a hearing and go to trial on the issue of why your claim is denied asking the judge to determine whether or not your claim is compensable. If a judge determines your case is compensable, you may be able to obtain benefits.
How do I get Temporary Disability for my accepted case?
There must be medical evidence indicating you’re temporarily disabled for you to obtain Temporary Disability benefits. In addition, most insurance companies will not pay temporary disability benefits if you are not treating with a doctor within the employer’s Medical Provider Network. However, when an employer fails to provide medical treatment, leaving you to obtain treatment outside of the Medical Provider Network, TD benefits may still be obtained.
How do I get treatment?
For cases that are accepted, the insurance companies will make it extremely difficult to obtain medical treatment. Oftentimes, employers do not even respond to demands for basic information as to whom the workers’ compensation insurance carrier even is and many employers do not comply with the California requirement to register information regarding their workers’ compensation insurance carrier. Once the insurance company is determined, we usually must demand information regarding their Medical Provider Network and where we can locate their list of doctors. Once we have tried to locate a doctor, we are almost always unable to make an appointment without prior authorization from the insurance company. Once authorization is obtained, an appointment is made.
If your case is denied, an attorney can provide you with a doctor that will provide treatment on a lien basis. Generally, private insurance companies will not provide you treatment once they learn that the injury is work related. Therefore, it is critical that you obtain an attorney if your case is denied.
What do I do when my medical treatment is denied by the insurance company, or they aren't responding to requests for authorization?
Just as it is difficult to even schedule an appointment with a physician, it is even more difficult to get treatment authorized. We believe that approximately 90% of the requests for authorization for treatment, medication, etc., by the doctors are denied by the insurance companies. If the request for authorization for treatment is denied and your claim is an accepted claim. The issue can then go through the Independent Medical Review process to try to overturn the insurance company’s decision to deny the requested treatment.
Should your Request for Authorization not be reviewed in a timely manner by the insurance company, an attorney can file for an Expedited Hearing to address the problem with a Judge.
What happens when my doctor releases me to go back to work but I'm still injured and can't work?
When you are released to return to work by your Primary Treating Physician, Panel Qualified Medical Examiner, or Agreed Medical Examiner, you are usually provided with work restrictions, which take into consideration your injuries and the need to avoid reinjuring or causing further injuries. If your employer has available work within the work restrictions given to you, you should try to work with the work restrictions.
Should your employer not offer you a job, you can be entitled to a Supplemental Job Displacement Voucher for retraining. Hopefully, you’ll be able to find a job within your work restrictions.
What happens when my work restrictions are not accommodated by my employer, and they refuse to take me back?
Your employer should attempt to accommodate any work restrictions you may have and if they are unable to do so, you may qualify for a re-training voucher. If your employer is not cooperating with you or you are terminated based on work accommodations needed, then our firm’s Employment Department may be able to assist further.
When is my case going to settle?
There is no set schedule that determines when your case is going to settle. Moreover, offers to settle your case are controlled by the insurance companies. Generally, a physician will declare you “permanent and stationary” prior to any offers being made, although that is not always the case. However, there are many cases that settle prior to being released from care by a physician. Attorneys can assist you in negotiating a settlement at any point in litigation.
However, not every case will settle. Some cases will proceed to trial for a judge to determine what you are to receive in your case.
How much is my case worth?
It is difficult to estimate the value of a case during the early stages of the litigation. Generally, the value of a case is determined by two things: 1) the Permanent Disability that results from the injury and 2) the future medical treatment that is needed. These are determined by the physicians during your treatment. Other factors that impact case value include: 1) monetary benefits owed for time off work, 2) non-industrial causes of disability (prior injuries, genetic factors, and/or injuries not related to work).
However, as you continue to receive treatment, an attorney can give you an approximate value based on the current medical reports.
When will I get to talk to my attorney?
It depends on the needs in your case. However, our attorneys spend most of their time out of the office fighting for our clients but have a support staff to assist them in answering your questions. Our support staff is trained to answer many of the questions you have concerning your case and acts as a liaison between you and your attorney. If your question cannot be answered at the time of your call, we will do our best to obtain the answer or resolution to the issue. In addition, should your deposition be scheduled or any hearing in your case scheduled, you will have an attorney present with you.
Will I have to pay for any medical bills?
Worker’s Compensation is designed to be a no cost system for injured workers. Should you sustain a work injury, the Worker’s Compensation insurance carrier is liable for your treatment. However, many times, the injured worker pays out of pocket or has outstanding medical bills for emergency medical treatment that is needed. An attorney will seek reimbursement for you.
Workers’ Comp Disclaimer:
Making a false or fraudulent workers’ compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.