FAQs

Frequently asked questions about workers’ compensation

What is workers' compensation?

If you suffer a work-related injury or illness, your employer is legally required to provide you with workers' compensation benefits. This could be due to a single accident that occurs while you are at work, such as falling and injuring your back or being burned by a chemical, or it could be the result of repeated exposure to hazardous conditions, such as developing a repetitive strain injury from repeating the same motion or losing your hearing due to prolonged exposure to loud noise.

What are workers' compensation benefits?

Medical treatment: Your employer is required to pay for any medical treatment related to your work injury or illness. This can include doctor's visits, prescription medication, and hospital stays.

Lost wages: If you are unable to work due to your injury or illness, workers' compensation may provide you with benefits to help replace a portion of your lost wages.

Rehabilitation: If your injury or illness requires rehabilitation or other types of therapy, workers' compensation may cover the cost of these services.

Permanent disability: If you are unable to return to work due to a permanent disability caused by your injury or illness, workers' compensation may provide you with ongoing benefits to compensate for your loss of earning capacity.

What constitutes a work injury?

A work injury is any physical or mental harm that is sustained on the job. This can include accidents that occur while working, such as falling off a ladder or being struck by an object, as well as injuries or illnesses that are caused by repeated exposure to hazardous conditions, such as carpal tunnel syndrome or respiratory problems due to toxic fumes. If you are injured or become ill while performing work-related duties, you may be entitled to workers' compensation benefits. These benefits can cover medical treatment, lost wages, rehabilitation, permanent disability, and death benefits, and are typically provided by the employer through the purchase of an insurance policy or through a state-run program.

Is my injury serious enough to require the assistance of an attorney?

If you are experiencing significant pain or suffering, have incurred high medical expenses, or have been unable to return to work due to your injury, it may be worth considering consulting with an attorney. An attorney can help you understand your legal rights and options, and can assist you in negotiating a fair settlement with your employer or the workers' compensation insurance company.

What is a third party claim?

A third-party claim in a workers' compensation case may arise if someone other than your employer negligently caused or contributed to your injuries. A third party is an entity not directly involved in the accident but played a role in causing your injuries. Injured workers in Southern California could have third-party claims against product or equipment manufacturers, subcontractors, property owners, or even the City of Los Angeles if any of these entities caused the accident.

Identifying a third party as a defendant in a lawsuit may require assistance from a skilled workers' compensation attorney in Los Angeles. At the Law Office of Michael Yap we can engage outside investigators and experts to uncover the truth behind your case. Whether your severe injury resulted from a fall, exposure to toxic substances, electric shock, falling objects, structural collapses, transportation accidents, repetitive motion, or violent crimes, the Law Office of Michael Yap can determine the responsible party or parties.



California's workers' compensation laws prohibit recipients from suing their employers in exchange for no-fault benefits. However, you can still file a third-party lawsuit against someone other than your employer. Depending on the circumstances, you may be eligible for financial recovery through both workers' compensation and a third-party suit.

Do I have a time limit for filing?

Workers' compensation claims have strict deadlines that must be followed to preserve your eligibility for benefits. You must report your injuries to your employer within 30 days. Your employer then has 10 days to report the situation to their insurance company. You have one year from the date of the workplace accident to file a workers' compensation claim in California.

Will workers' compensation reimburse my full salary?

No, workers' comp benefits won't cover your entire salary. They will reimburse your lost wages up to two-thirds of your gross weekly earnings. California also has a cap on the weekly amount a recipient can receive, which changes annually.

How long can I stay on workers' compensation?

The duration depends on your injury's severity. Generally, the maximum is 104 weeks of workers' compensation benefits within a five-year period, counted from the date of your injury. However, serious injuries may qualify employees for 240 weeks of financial benefits. If you suffered permanently disabling injuries, the system may award you benefits for life.

How much is the average workers' comp settlement?

The total amount a worker can receive for their injuries depends on factors such as injury severity and time away from work. Settlements can vary significantly, ranging from $2,000 to $100,000 or more. Catastrophic injuries and death cases may receive larger awards for past and future losses than minor worker injuries. Contact us for a free evaluation of your case, where a knowledgeable Los Angeles workers' compensation attorney can provide an estimate of its worth.

Can my boss fire me for filing a workers' compensation claim?

No, an employer in California cannot terminate a worker's employment simply for requesting workers' compensation benefits. This constitutes illegal retaliation. However, an employer can terminate employment if your injuries render you incapable of performing your essential job functions.

These are just a few of the many common questions that clients bring to the Law Office of Michael Yap in Southern California. We understand that suffering a life-changing injury can lead to numerous questions and concerns. If you have other questions about your recent work-related accident and/or a workers' compensation claim, call us to request a free consultation with our experienced workers' comp attorney in Los Angeles. We can listen to your story and provide personalized answers at no cost or risk to you.

Taking decisive action is crucial in these cases, as workers' compensation issues involve specific deadlines that must be followed. If you have been injured, we urge you to get in touch as soon as possible. Speak With a Workers' Comp Lawyer in Los Angeles today to schedule a free consultation with a top Los Angeles workers' compensation attorney, call us or contact us online. Our FREE consultations mean you have nothing to lose.

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