Workers' Compensation
Whether you've been injured in an accident, are dealing with a personal injury claim, or facing another legal issue, Mendez & Sanchez APC is here to fight for you. We handle a wide range of cases and focus on one thing: getting results. Our goal is to win the maximum compensation you deserve and help you get the justice you're owed in California or Nevada. Contact us today for a free, no-obligation consultation.
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A work-related accident can be painful, confusing, and emotional. If you or a loved one has been injured on the job, it is important to do what is necessary to protect yourself and speak with a qualified East Los Angeles workers’ compensation attorney. Workers’ compensation benefits (sometimes referred to as “workman’s comp”) exist to help those injured in work-related injuries heal, recover, and elevate their quality of life. That said, the process can be complex and lengthy. One mistake can result in claim denial, treatment denial, or even deeper confusion.
How can our attorneys help?
Unfortunately, during a workers’ compensation case, your employer’s insurance company may not treat you fairly. You may encounter roadblocks such as a denied claim, requests for excessive amounts of proof, or delayed payments. Your employer may also make it more difficult than necessary for you to obtain fair compensation by failing to submit your claim on time or refusing to corroborate your story. In these situations, our dedicated East Los Angeles workers’ compensation attorney can help you protect your rights and demand justice.
When you hire a lawyer, you have someone on your side. Your attorney will not allow anyone to take advantage of you during the fight for fair and full workers’ compensation benefits. An attorney can negotiate with insurance companies on your behalf, aggressively arguing for a more reasonable compensatory award based on your injuries and related losses. A lawyer may be able to secure you greater compensation than you could have received alone. If settlement negotiations fail to achieve the desired result, our East Los Angeles workers’ compensation lawyers can take your case to court in order to fight for a better outcome.
Types of Workers’ Comp Cases We Handle
For many years, we have helped clients recover the compensation they deserve for injuries including:
- Back injuries
- Head and brain injuries
- Unsafe work condition injuries
- Occupational disease and illness/long-term exposure
- Repetitive motion injuries/continuous trauma
- Catastrophic or fatal workplace accidents
Compensation for Workplace Accidents
This includes all compensation for:
- Medical treatment including diagnostic testing, physical therapy, medications, surgery, counseling, and rehabilitation
- Temporary disability benefits while off work by a doctor
- Permanent disability benefits for any residual symptoms and/or limitations
- Retraining benefits
- State of California’s Return-to-Work Fund Supplement payment
- Lost support for financially dependent heirs
Because our firm is dedicated to workers’ rights, our East Los Angeles workers’ compensation attorneys are also able to do everything possible to obtain compensation if a possible multi-employer/third-party claim issue arises.
In addition, in every workers’ compensation case, we work solely on contingency. We will never collect any attorney’s fees until we obtain the compensation to which you are entitled.
Third party claims
Your workers’ compensation case may involve a third-party claim 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 that was a factor in causing your injuries to occur. An injured worker could have a third-party claim against a product or equipment manufacturer, a subcontractor, a property owner.
Naming a third party as a defendant in a lawsuit may take assistance from a skilled workers’ compensation attorney in Los Angeles. Our lawyers can hire outside investigators and experts to get to the bottom of your case. Whether your serious injury came from a fall, exposure to toxic substances, electric shock, falling objects, structural collapses, a transportation accident, repetitive motion or a violent crime, we can uncover the truth behind who or what caused the incident to occur. Then, we can go up against this party for compensation on your behalf.
Frequently Asked Questions
How long do I have to file a workers' compensation claim in California?
In California, you generally have 30 days from the date of your injury to notify your employer, and your employer is then required to provide you with a DWC-1 claim form within one working day under California Labor Code Section 5400. If you miss this notification window, you risk losing your right to benefits entirely. For occupational diseases or injuries that develop over time, the clock may start when you first knew or reasonably should have known that your condition was work-related, so speaking with an attorney as soon as possible is critical.
What should I do first after getting injured at work in Los Angeles?
Report your injury to your employer immediately and in writing, then seek medical treatment right away since under California Labor Code Section 4600, your employer is required to provide or authorize medical care for work-related injuries. Make sure to document everything, including photos of the scene, witness contact information, and all medical records from day one. Contacting a qualified East Los Angeles workers' compensation attorney early in the process can help you avoid common mistakes that lead to denied claims or delayed benefits.
My employer denied my workers' comp claim in California. What are my options?
A denied claim is not the end of the road. You have the right to appeal by filing a case with the California Workers' Compensation Appeals Board (WCAB), and the process involves filing a Declaration of Readiness to Proceed once you have supporting medical evidence. Insurance companies sometimes deny valid claims hoping injured workers will give up, but an experienced workers' compensation attorney can gather medical evidence, depose witnesses, and represent you at a WCAB hearing in Los Angeles to fight for the benefits you deserve.
How much compensation can I get for a work injury in California?
The amount you can recover depends on the severity of your injury, your pre-injury wages, and whether your disability is temporary or permanent. Temporary disability benefits in California are generally paid at two-thirds of your average weekly wage, up to a maximum set each year by the state (currently around $1,619.15 per week for 2024), while permanent disability benefits are calculated using a rating system under California Labor Code Section 4660. If a third party, such as a negligent equipment manufacturer or property owner, contributed to your injury, you may also be able to pursue a separate personal injury lawsuit that could result in significantly greater compensation for pain and suffering, which workers' comp alone does not cover.
Can I sue my employer directly if I was hurt on the job in California?
In most cases, California's workers' compensation system is the exclusive remedy against your employer, meaning you generally cannot file a traditional personal injury lawsuit directly against them under California Labor Code Section 3600. However, important exceptions exist, such as when an employer intentionally caused your injury or when a third party, like a subcontractor, equipment manufacturer, or negligent property owner, contributed to your accident. An experienced workers' compensation attorney can review the specific facts of your case to determine whether a third-party lawsuit can be pursued alongside your workers' comp claim, potentially maximizing your total recovery.
What are the biggest mistakes people make when filing a workers' comp claim in California?
One of the most damaging mistakes is waiting too long to report the injury to your employer, since California law requires notice within 30 days under Labor Code Section 5400, and delays can be used to deny your claim. Another common error is giving a recorded statement to the insurance company without legal representation, as anything you say can be used to minimize or deny your benefits. Failing to follow your treating physician's instructions or missing medical appointments can also be interpreted as evidence that your injuries are not as serious as claimed, which is why having an attorney to guide you through every step matters so much.
When do I actually need a workers' compensation lawyer, or can I handle this on my own?
If your injury is minor and your employer accepts the claim without dispute, you may be able to navigate the process without legal help. However, if your claim has been denied, your employer is disputing the extent of your injuries, you are dealing with a permanent disability rating, or a third party may be liable, having a skilled East Los Angeles workers' compensation attorney is essential to protecting your rights. At Mendez and Sanchez, we handle every workers' compensation case on contingency, meaning you pay no attorney fees unless and until we recover compensation for you, so there is no financial risk to getting experienced legal help from day one.