Injuries can happen in any workplace, whether you work in construction, warehousing, manufacturing, or an office. If you’re injured on the job, you might wonder, “What happens next?” Fortunately, workers’ compensation is designed to help. Eligible workers may receive benefits such as medical care, wage replacement, and more.
However, securing workers’ compensation benefits isn’t always straightforward. Employers or insurers might attempt to reduce or deny your claim, and if you’ve been misclassified as an independent contractor, you could face additional challenges.
At E&L, LLP, we’re committed to fighting for injured workers. Whether you need to appeal a denied claim or file a lawsuit, we’ll work tirelessly to secure the compensation you deserve.
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(213) 213-0000
What Qualifies as a Work Injury?
A work injury generally includes any injury or illness sustained during work-related activities. Workers’ compensation typically covers injuries resulting from work tasks, equipment, or environments, including:
- Accidents at your regular workplace
- Incidents during business trips or meetings
- Injuries sustained at employer-mandated events
Common Workplace Accidents and Injuries
According to the U.S. Bureau of Labor Statistics, the most common causes of workplace injuries include:
- Slips, trips, and falls
- Motor vehicle accidents
- Being struck by objects
- Workplace violence
- Overexertion
- Exposure to harmful substances
- Fires and explosions
These incidents often qualify for workers’ compensation benefits under the no-fault system.
Who Is Eligible for Workers’ Compensation?
To qualify for workers’ compensation, you typically must:
- Be a regular employee.
- Work for an employer that carries workers’ compensation insurance.
- Have been injured on the job or during work-related duties.
Note: Independent contractors are generally excluded from workers’ compensation benefits.
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(213) 213-0000
Are You Misclassified as an Independent Contractor?
Unfortunately, some employers misclassify employees as independent contractors to avoid paying workers’ compensation premiums. According to the National Employment Law Project (NELP), 10-30% of American workers may be misclassified. This practice deprives workers of:
- Workers’ compensation benefits
- Minimum wage protections
- Overtime pay
- Unemployment benefits
If you believe you’ve been misclassified, consult an attorney. You may be entitled to back pay, benefits, and damages.
When Does Workers’ Compensation Not Apply?
Some incidents are excluded from workers’ compensation, including:
- Injuries sustained during lunch breaks or commutes
- Injuries resulting from drug or alcohol use
- Self-inflicted injuries
- Pre-existing conditions not aggravated by work
- Accidents caused by horseplay or fighting
- Emotional distress unrelated to work duties
Certain cases fall into gray areas. For example, injuries in a parking lot may still qualify. If you’re unsure about your eligibility, contact E&L, LLP for guidance.
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(213) 213-0000
What to Do After a Workplace Injury
After an injury, take these steps immediately to protect your rights:
- Report the Injury: Notify your employer or supervisor right away. Delays could jeopardize your claim.
- Seek Medical Attention: Get prompt treatment and document your injuries.
- File a Workers’ Compensation Claim: Submit your claim as soon as possible to avoid missing deadlines.
- Contact an Attorney: A skilled lawyer can help you navigate the process, especially if complications arise.
Filing a Workers’ Compensation Claim
The basic steps for filing a claim are:
- Report your injury to your employer and complete the necessary paperwork.
- Seek medical treatment and undergo an independent medical examination if required.
- Wait for the insurance company’s decision, which usually takes 4-6 weeks.
If your claim is denied, don’t give up. Our experienced attorneys can help you appeal and fight for the benefits you deserve.
Types of Workers’ Compensation Benefits
Workers’ compensation can cover a range of costs, including:
- Medical Expenses:
- Doctor visits
- Hospital stays
- Medications
- Medical devices
- Rehabilitation
- Wage Replacement Payments:
- Temporary disability benefits
- Permanent disability benefits
- Supplemental income if you’re working in a reduced capacity
- Additional Benefits:
- Vocational rehabilitation for retraining
- Survivor benefits for families of deceased workers
How E&L, LLP Can Help
If you’re struggling to get the benefits you need, we’re here to help. Our dedicated team can:
- Assist with medical treatment and documentation.
- Gather evidence to support your claim.
- Communicate with insurance companies.
- Appeal denied claims or unfair impairment ratings.
- File personal injury lawsuits if applicable.
We’ll work tirelessly to secure the compensation you need to recover and provide for your family.
CALL OUR ATTORNEYS FOR A FREE NO-OBLIGATION CONSULTATION
(213) 213-0000
Frequently Asked Questions
- How Do I Know If I’m Misclassified as a Contractor?
Ask yourself:
- Does my employer control my work hours?
- Do they provide tools, equipment, or office space?
- Do I receive employee benefits like health insurance?
If you answered “yes,” you might be an employee, not a contractor.
- What If My Employer Doesn’t Have Workers’ Compensation Insurance?
If your employer lacks coverage, you may:
- File a lawsuit against them for negligence.
- Seek compensation from your state’s uninsured employer fund.
- How Much Does a Workers’ Compensation Lawyer Cost?
At E&L, LLP, we work on a contingency basis. You only pay if we win your case.
Why Choose E&L, LLP?
Work injuries can be life-changing, but you don’t have to face the challenges alone. We’ll handle every aspect of your case so you can focus on recovery.
CALL OUR ATTORNEYS FOR A FREE NO-OBLIGATION CONSULTATION
(213) 213-0000
WE DO NOT GET PAID UNTIL YOU GET PAID. THAT IS OUR GUARANTEE.
