Encino Workplace Orthopedic Injury Attorney

When it comes to workplace injuries, many workers become injured due to the repetitive nature of their work, which leads them to develop repetitive movement injuries. Our office has experience with all types of workplace orthopedic injuries, including injuries of the ankle, foot, knee, hip, elbow, arm, hand, wrist, shoulder, and back/spine. If you sustain an orthopedic injury at work, then getting back to the job at full capacity can be difficult. A Los Angeles workplace orthopedic injury attorney can help you file a claim for benefits or appeal the decision of a carrier that denies your workers’ compensation benefits.

Specific injuries, also known as acute injuries or sudden traumas, are injuries that occur abruptly as a result of a one-time incident. These Specific injuries are extremely common orthopedic injuries and often result in painful ailments.

Our firm has handled hundreds of specific injury cases where workers have been injured through external forces such as stress, strain, lifting, carrying, squatting, reaching, falls, and collisions. Injuries have included:

  • Broken bones
  • Muscle pulls
  • Sprains and strains
  • Fractures
  • Dislocations
  • Crush injury or compartment syndrome
  • Partial and complete muscle tears
  • Ligament tears
  • Herniated discs of cervical, thoracic, & lumbar spine
  • Nerve injuries
  • Concussions
  • Heart attacks
  • Strokes
  • Amputations
  • Complications from motor vehicle accidents
  • Complications from falls.

A single accident can take a toll on your ability to work and function as you normally do. It is important that you speak to a lawyer about filing a claim.

Proof for Job-Related Orthopedic Injuries

Being injured can be stressful enough due to the physical discomfort and pain you are no doubt dealing with. Couple that with the fact that the onus of proving your work-related injury is on you and you have a recipe for excessive stress and anxiety. Luckily, a seasoned Los Angeles workplace orthopedic injury attorney can help you fill out the paperwork necessary to file your claim, deal with the carrier, and jump through other types of hoops that claimants normally face.

Doctors are concerned with providing you treatment and making you better but not all doctors are capable or familiar with writing reports for workers’ compensation. Most medical schools teach medicine and do not teach doctors how to write reports for legal matters or workers’ compensation claims and, unfortunately, the treatment recommended by a doctor can be ignored by the insurance companies if the reports are missing essential details and information. And medical reports by themselves are usually not enough to support a workers’ compensation claim. Virtually every successful workers’ compensation claim requires a “Medical-Legal” report. Legal issues must be addressed in a detailed manner regulated by law, legal issues like the percentage of an injured workers’ injury that is actually work-related versus pre-existing, genetic, or other possible no work-related causes, whether the injured worker can return to modified or full-time work, what level of injury or disability was caused by the accident.

Virtually any issue of importance in workers’ compensation must be addressed by a doctor with a medical-legal report. Workers’ compensation benefits are highly regulated by law and many doctors and injured workers are not fully aware of the minute legal details that need to be addressed in order to get the best possible recovery. Workers’ Compensation Attorney can make sure the right questions are being asked and answered and the right evidence is being produced to support your best possible claim.

Has Your Claim Been Denied?

Insurance carriers review claims and decide whether to accept or deny them. With few exceptions, the insurance companies must deny a workers compensation claim, if at all, within 90 days of their notice of the injury. Many claims that are denied are eventually found compensable. If you have been denied, you have the right to appeal the decision of the carrier in front of a workers’ compensation Appeals Board judge.

Some possible reasons for workers’ compensation claim denials include:

  • Repetitive Injuries (Wear-and-tear injuries, cumulative trauma injuries): Most repetitive injuries are denied by insurance carriers, but do not be discouraged if the insurance carrier denies your injury because it didn’t happen as a result of a single accident. Contact our office and we can help obtain the evidence needed to get your claim accepted and your benefits started.
  • Psychiatric injuries: Many psychiatric injuries are initially denied. Psychiatric injury claims can be some of the most complex and complicated claims. Contact our office and we can help obtain the evidence needed to get your claim accepted and your benefits started.
  • Lack of medical reports: Insurance companies have 90 days to place Lack of medical reports: Insurance companies have 90 days to place your claim on delay before denying it. Between delays in scheduling with doctors or delays with the insurance company in authorizing a change of doctors – an injured worker may have very few or no reports written during the delay period. Workers’ compensation attorneys can help obtain medical-legal evidence within the 90 day period. If the insurance company prematurely denies the claim then a workers’ compensation attorney can still help obtain the medical-legal evidence needed to get your claim accepted and your benefits started.
  • Missing the deadline for filing a claim: Reporting the injury timely is paramount to a successful workers’ compensation claim. This means going to your employer right away and letting them know that you are hurt. Once you’ve done that, then you will need to start the claims process, paying specific attention to the deadline for filing your claim.
  • Discrepancy about whether the injury occurred as a result of the job or on the job: If the employer or the insurance carrier has doubts about the injury sustained being related to work, then the claim may not be accepted. As stated earlier, all claims require medical-legal that meets the particular requirements of workers’ compensation laws. A workers’ compensation attorney will provide the best assistance to get your claim accepted and help you obtain the best recovery.
  • Whether your claim was filed after you were fired: In general claims filed after you are terminated are not compensable but there are exceptions to this rule. Workers with injuries denied due to this reason can appeal the decision, these claims are complex and it is best that you contact a workers’ compensation attorney for assistance.

Keys To Success

It is important that after a work-related injury, you take the time to consult with an attorney about your rights. You should always notify your employer that the incident occurred, even if you are not sure whether or not you will file a claim. You should seek medical treatment, and if your doctor’s assessment deems necessary, your lawyer can help you file your claim.

Workers’ compensation laws are complicated and workers’ compensation experts are the best at arguing and collecting evidence to support your recovery with medical benefits and monetary compensation.

Many insurance companies fail to look for evidence that supports a workers’ compensation claim. Many insurance companies are focused on finding evidence to deny your claim. If your workers’ compensation claim is denied, workers’ compensation attorneys are best at getting the expert medical opinions that will support a Judge’s finding that your claim is valid. And if the insurance carrier accepts an injury, they often will deny parts/aspects of your injury, deny many of your doctor’s requests for treatment, and insurance companies often undervalue your claim/injury. Therefore, before an investigator asks to interview you, or before you agree to be deposed– please consult with a workers’ compensation attorney so you are prepared to give your best testimony and obtain the best evidence. To ensure everything is done properly, our firm can guide you. Our lead counsel has over 40 years of proven courtroom experience and has been helping protect the rights of injured workers since 1972.

Moreover, if your claim is denied, you need to appeal the decision if you believe it was erroneous. The process of filing an appeal is complicated and best undertaken by an experienced Los Angeles workplace orthopedic injury attorney.

If you or your loved one was injured at work and would like to discuss your workers compensation benefits, call our office for a free consultation at 818-609-7005 or contact our firm online.

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