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.
Injury Compensation: A Simple Guide
Recently, it has become more common for employees today to work from home for at least some of the work week. Working from home is also called telecommuting. It can have tremendous benefits for an employee who gets a flexible schedule and saves on commuting costs. The employer also saves because they don't need to maintain a physical workspace.
Despite the flexibility, employees who work from home may wonder if their home office is covered for workers' compensation benefits. The answer is, potentially.
If an injury occurs from performing the duties required by your job than you will be covered by the benefits of workers' compensation. It will not matter if you were doing the work from home or another location. Should an injury occur while you are doing your job tasks and you can prove that it happened that way, then you can file a workers' comp claim.
It is important to note that it will be more difficult for telecommuters to prove a workers' comp claim than it will be for someone working in an office. This makes it important for a work at home employee to keep detailed records to explain their work and show how it is separated from their social and individual time. Of course, for employees who need to meet with clients and entertain can find this line becomes blurry.
Even if you work as a salesperson who spends a lot of their hours entertaining customers and building a relationship you should be covered for injuries sustained while working. If a salesman takes a client to dinner to finalize a business deal and then gets in a car accident on the way back to their home office, they should be able to file for workers compensation. It should not matter that the home office is also their private residence.
For someone that does work from home it would be beneficial to keep a daily record of tasks that were performed that are job related. A simple journal outlining all workday accomplishments. This will help in the future if a work injury attorney needs to evaluate the circumstance of the injury.
Clearly defining the work day and what is included will help differentiate tasks that were for personal reasons and tasks that were work related. Even though it's harder to prove it is definitely possible to collect workers' compensation after and injury in the home office.
Surveillance in a Workers Compensation Claim
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.
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