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.
The ABC's of Workman's Compensation
Private investigators and surveillance equipment aren't just in spy movies. There are many occasions during a legal claim that may require surveillance in order to validate an injured person's statements and intentions. For example, if a person says that they suffer from severe back pain as a result of an on-the-job accident, but they are seen doing extensive work on their car in their driveway, they might be stretching the truth. Insurance companies and employers want to make sure that the claim is valid because they might stand to lose a lot of money and a good reputation if the injured worker is lying about their pain.
Workers compensation claims can be simple or complicated, and the length of time it takes to resolve the claim usually depends on its complexity. Employees injured on the job could be left dealing with the effects of the injuries for the rest of their lives in some cases. To help make up for the financial toll of a life-long impairment, workers' compensation insurance carriers sometimes pay benefits according to the employee's impairment rating or disability. These benefits are in addition to those that help offset lost wages and medical bills.
An injured worker's claim for workers compensation can potentially be worth a lot of money. If the employee is truly injured, they may need every dime that is paid to them. But if the employee isn't telling the truth about their injuries or pain, then the insurance company may become suspicious. High-value cases, whether they are based on truth or fiction, may alert the insurance company to pursue surveillance of the claimant.
Injured workers file a claim for benefits with their employer's workers compensation insurance company. Because they have a serious interest in the claimant's condition, the insurance company may be the party that hires the private investigator to conduct surveillance. Private investigators must be licensed by the state if they want to work in Florida. Additionally, Florida law states that someone can take your picture, but cannot record your voice, without your consent. So if you see a private investigator taking pictures of you as you work in your yard, they may be within their rights. If you have questions about your right to privacy, contact an attorney. There may be a thin line between surveillance and invasion of privacy, so understanding your legal rights is important.
If you are going through a workers compensation case, you may be under strict orders from your doctor not to do certain activities, such as bending or lifting. Make sure to follow these orders. The doctor's professional advice helps you heal more quickly, but you need to follow their advice to help protect your claim as well. Even if you ignored the doctor's orders briefly, it can be hard to argue with photographic evidence.
Beyond fighting for benefits, workers compensation claims can get complicated. If you are dealing with an at-work injury, contact an attorney. They may be able to help you understand the process and your rights.
Injury Compensation: A Simple Guide
Injury compensation is a way to reclaim the losses you've suffered after an injury or accident because of another's negligence. These could be financial, for example loss of earnings because you've taken time off work, or they could be physical, where your injury has resulted in considerable pain and suffering. Once you are informed about the process of claiming compensation you can make a decision as to whether you want to make a claim. This simple guide should help clear up any confusion over the legal aspects of what's involved.
What do people claim compensation for?
Injury compensation is the term used to describe the financial payout awarded to a person who has suffered an accident that could have been prevented or avoided by another party. For example, a car accident victim who suffers whiplash could potentially make a claim against the person who caused the incident. A person who has been injured as a result of using a faulty product might be able to claim compensation from the manufacturers of that product, if they are found to be at fault. Someone who has been in a work accident because of poor health and safety standards might think about making a claim against their employer.
There are many examples of cases where people choose to make a claim against the party responsible for their injuries, and generally each case is different to the next. What they all have in common is that there is a requirement to prove that someone was at fault or negligent, and this is what makes it possible to claim compensation.
Why people claim injury compensation
Injury compensation is a route that some accident victims might take in order to reclaim some of the losses they have suffered. In some cases, where a person has sustained severe injuries, they may have been out of work for long periods and unable to earn a living as a result. It could be that expensive medical treatment is required, or even extra help to look after their family. In these cases, injury compensation not only means that they can get back on their feet financially, but they might also be able to pay for any treatment necessary to speed up their recovery, such as physiotherapy or nursing care.
Where the injuries have been psychological, compensation will not take away a person's suffering but it may help to ease some of the stress they feel following an accident. Finally, making a claim can help prevent similar accidents in the future, as it might raise awareness about what causes such accidents to occur. For example, a claim for a car accident caused by a pothole in the road could result in those responsible repairing the road and improving safety for the drivers who use it.
How much claiming injury compensation might cost
Claiming compensation does not have to cost anything at all. After all, you may have already suffered enough financial losses because of your injuries. A no win no fee service is often possible whereby the solicitor that handles the claim simply doesn't get paid unless the claimant is awarded compensation. Also, the recipient of the compensation will usually get to keep 100% of the payout awarded to them, and the legal fees are paid by the party responsible for their injuries.
Now that you know a little more about injury compensation you should be less confused about making a claim and what's involved. Finding a reputable company to deal with your claim could be your next logical step.
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