The main reason why you need hire an experienced and capable worker’s comp attorney in El Monte is so that they can bridge the gap between your employer obtain compensation for your injury or loss. There are different kinds of injuries and incidents that may be sustained at your workplace and the following is just an example. Disability, slips and falls, work vehicle accidents and even wrongful death. All these are issues that can find the justice they deserve.
The Best Best Workers Comp Attorney in California
Before you retain an experienced compensation attorney in California to help you, it is important for you to consider some factors. You need to consider the extent of your injury and ask yourself whether there is need for compensation. Severe injuries will stand a much better ground with this regard. Minor issues may not be enough cause to lay these kinds of claims.
Before you proceed with a case, it is vital that you sort out the percentage fee that your workers compensation attorney is going to get. Once you are clear, you can proceed. There are many conflicts that present themselves with lawyers. Different states will have a certain percentage that lawyers are entitled to.
The Advantages of Working With a Workers Compensation Lawyer
Yesterday a patient came in to the clinic to receive treatment for such severe pain that made it difficult for him to walk, work or sleep. He had just been to see yet another worker's comp attorney, who had informed him that the likelihood of him receiving permanent disability was next to nothing to the chagrin of the patient who was a personal comp lawyer himself.
He had fallen on a patch of ice on his way to defend a client who had fallen from a pole while fixing electric wires for the DWP. He was able to crawl to a bench and call an ambulance. At the hospital the doctors iced the injury, gave him some anti-inflammatory medication and sent him home. Over the next few months his pain proceeded to get worse, running throughout his spine and down his legs. His pain medication was increased. In order for him to endure a day up and about he needed to take so much medication that he could not function. The doctors suggested that he had perhaps impacted the spine in such a way that the nerves were being compressed. However, none of this was clearly showing on the X-rays and MRI's.
It was suggested by a friend that he see a chiropractor. The chiropractor began adjusting him every week which allowed him more leg mobility and less numbness, but the pain was still excruciating and at times led to collapse. By the time he began receiving Acupuncture, his right leg had withered. He had burning pain down both sides of his spine and legs. He had not worked in over a year and was living at home with his mother. He was on every kind of pain medication and would drink a lot of alcohol in order to sleep.
The clinic was able to diminish his pain for short periods of time, and stop the spasms, but they could do nothing to alleviate his fury at a government system that would not give him the help he needed unless he was practically bedridden. If he tried to work from home the courts said that he was able to work, therefore he was ineligible for permanent disability under the personal comp system in place. If his pain receded or he began to show signs of improvement, he was frightened that it would injure his case.
He knew how it all worked. Though he had worked as an attorney in this field for years, he had not understood until now the frustration clients were experiencing. He had not understood how difficult it was to fight for what was necessary when you were in mental and physical pain. After jumping through hoop after hoop and seeing lawyer after lawyer he finally quit fighting. Two years had gone by without any substantial relief from symptoms or signs of progress in his legal battles.
Because he was a committed patient the clinic kept seeing him for free. After giving up, his symptoms improved dramatically. He had pain free weeks. The burning subsided. He was able to sleep and drink less. He eventually was able to reduce his pain medication to be able to work again. He became an expert in personal comp law, with a gift for helping those in pain to understand the blessings of fighting as well as surrender.
What To Do Following A Workplace Accident
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.