What is Worker’s Compensation?
Worker’s Compensation (or workman’s comp) is a crucial part of the stability of our modern day workplace. In California, without a good compensation program in place, worker’s could be left out in the cold after an injury incident.
Workplace Injury in California
If you are on the job 8 hours-a-day 5 days-a-week, there is a definite risk of getting hurt. After all, your job takes up the bulk of your day! Worker’s compensation is an overarching program that gives employees the right to covered medical care or financial relief.
A stronger definition: “Worker’s Comp is a form of insurance that provides compensation medical care for employees who are injured in the course of employment, in exchange for mandatory relinquishment of the employee’s right to sue his or her employer for the tort of negligence. While plans differ between jurisdictions, especially in California, provision can be made for weekly payments in place of wages (functioning in this case as a form of disability insurance), compensation for economic loss (past and future), reimbursement or payment of medical and like expenses (functioning in this case as a form of health insurance), and benefits payable to the dependents of workers killed during employment. General damages for pain and suffering, and punitive damages for employer negligence, are generally not available in worker compensation plans.” – en.wikipedia.org/wiki/Workers_compensation
For worker’s compensation to take effect, an injury or illness has to occur during the course of standard employment.
The Catch with Workman’s Comp
As you may have noticed in the above definition, employees are often waved of their right to sue for negligence when participating in a worker’s compensation program. This allows companies to protect themselves from larger more detrimental settlements.
Punitive damages, or those incidences caused by neglect and negligence of an employer, are generally not a part of worker’s compensation cases.
The Importance of State
When it comes to workman’s comp, every state has its own set of rules and statutes.
One of the first things you have to do when considering workman’s comp is recognizing which state you are legally working in. From their, it is critical to acquire a skilled personal injury lawyer familiar with your state’s system.
As with any form of insurance, companies will often try to find any and every reason not to pay you. Sometimes they may be correct under the letter of the law, but to get your fair chance at financial or medical relief you need to come prepared with a competent attorney. At the very least, have one look over the details of your case. Most good attorney’s will provide you with a free legal consultation.
Can You Receive Workers' Comp If You Work From Home?
No employee expects to meet with an injury at the workplace. Unfortunately, workplaces are witness to many kinds of accidents. This often happens due to unsafe working environment, improper training to handle equipments and machines. Due to this, many employees end up meeting with injuries due to the negligence of the employer.
It is the duty of employers to provide a safe working environment to all the employees. They must also provide training to employees regarding how to handle equipments. In case an employee happens to meet with an accident due to the negligence of someone, he or she can make a claim.
Unfortunately, not many people are aware that an accident victim can make a claim. Many of them are also afraid of the implications of fling for compensation. They are afraid that they may lose their jobs and harassed.
To seek compensation for the injuries suffered, you can approach an accident claims solicitor. These solicitors can help you get compensation in a short period of time. They can also guide you on the procedure to be taken to make a claim. They have abundant experience in handling claims case. They have successfully handled various types of claims cases. They can also provide you the advice on making a claim successfully. You may also have numerous queries regarding the claims procedure. The claims specialist will provide guidance on making a claim.
If you wish to make a claim successfully, you must be able to prove that the injury has resulted due to the negligence of the employer or other person. Doing this, can help you get compensation in a short period of time. No matter what is the type of injury, you can easily get compensation in a short period of time. You are entitled to claim, if:
o You have suffered loss of earnings/wages
o You have had to bear reasonable hospital expenses
o You had to pay for medical expenses
o You had to pay lump sum payment for permanent injury
Seeking professional advice is the best way to make a claim. Professional claims advisers have the ability to handle claims cases efficiently. They have varied experience in handling complicated claims cases. They can also suggest the steps to be taken to make a claim successfully. If you or anyone known to you has suffered an injury due to the negligence of the employer, you can surely make a claim.
How do I File a Worker's Compensation Claim
Many injured workers asked the question, why hire a work comp lawyer? There are many reasons to hire a workers compensation attorney however I'll try to summarize the most important benefits to hiring a work injury lawyer.
The worker's insurance company will have a work injury attorney assigned to defend them against you and your work comp claim. Their adjusters and work injury lawyers are highly experienced and will generally circle around you. An experienced workers compensation lawyer who only represents injured workers can make sure you are being treated fairly and receive the work comp benefits you deserve if you have been injured on the job.
A local and experienced workers comp attorney can assist you with selecting the right doctor, negotiate with the insurance company and represent you at the Workers Compensation Appeals Board. Most workers comp cases settle before trial, and an experienced attorney can get you the settlement you deserve. If your case goes go to trial, you are going to want an attorney familiar with that court with years of trial experience. Representing yourself is not recommended unless you have years of workers comp experience and knowledge.
Hiring an experienced workers compensation attorney is cheap. A personal injury attorney will charge anywhere from 33% to 50% of your final accident settlement. Worker's comp lawyers generally work for a 15% fee of your final settlement. Because of the attorney's years of knowledge and experience, the lawyer generally pays for himself or herself by the value they bring to the work comp case. If your claim is denied, a work injury attorney can definitely help you.
A reputable and local workers comp lawyer will be familiar with your regional Workers Compensation Appeals Board and their judges. The Appeals Board is the court where your case will be heard. The work injury lawyer will save you from the work comp paperwork nightmare which is part of the system. You will no longer have to deal with a workers comp insurance company as your work injury attorney will take over that task for you. You will not have to deal with work comp carrier any longer. If you have suffered a work injury, you already have enough to worry about. Your work injury lawyer can also help you obtain benefits if you are unable to work as a result of your work comp injury. Those benefits may be in the form of temporary disability from the workers compensation insurance company or in the form of state disability payments in your workers compensation claim is denied.
Hiring the right local experienced Worker's Comp attorney, preferably a member of the California Applicant Attorneys Association, can help you navigate your case from beginning to end for the best possible outcome for you.
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