The main reason why you need hire an experienced and capable worker’s comp attorney in Burbank 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 Workplace Injury Lawyer 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
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.
Finding and Meeting With a Workers' Compensation Attorney
Every day, all over the UK people are injured in work related accidents. According to the Health and Safety Executive, in 2008 180 workers were killed at work, a rate of 0.6 per 100,000 workers. 131,895 other injuries to employees were reported by RIDDOR: Reporting of Injuries, Diseases and Dangerous Occurrences Regulations, with the Labour Force Survey announcing 246,000 reportable injuries.
The HSE report identified that the most commonly occurring accidents are musculoskeletal disorders (mainly bad backs and damage to upper limbs and the neck) and stress. Stress alone accounted for 57% of total working days lost.
As well as accidents many people have suffered from the consequences of long term industrial illnesses such as vibration white finger, mesothelioma (2156 people died of mesothelioma in 2007), asbestosis, pneumoconiosis and silicosis, repetitive strain injury, hearing and eyesight problems. The report suggested that thousands more died from other occupational cancers and lung diseases.
Public administration, transport and health and safety work recorded the largest proportions of workplace illness whilst agriculture, transport and construction were shown to have the greatest number of accidents.
In 2008/09, a total of 329 offences (breaches) were heard, resulting in 309 convictions, a rate of 94%. Organisations found guilty of health and safety breaches received fines totalling £1.73 million, giving average penalties on conviction of £5,607 per breach, which relates to £12 466 per case.
In addition to fines levied for safety breaches, an estimated £10 billion a year is being paid out in compensation. If you have suffered a work related accident or injury through no fault of your own, you may well be entitled to claim compensation. There are no set figures for workplace claims as no two cases are the same. The amount you may be entitled to will of course relate to the nature of accident and its impact on your life and livelihood.
The guidelines in place split the compensation into two amounts. The first, called General Damages takes into account your pain, the suffering you have endured (or are enduring) and what's called the loss of amenity. Perhaps you have lost hearing or the vision from an eye. The amount of General Damages that you are entitled to essentially boils down to three essential factors:
The severity of your injuries.
How much your injuries have prevented you from carrying out your normal activities.
Ongoing pain and suffering.
The second part of the compensation equation is called Special Damages. This relates to:
Lost earnings. The cost of private medical treatment.
Travel and prescription expenses.
Any other relevant expenses.
By way of compensation guidelines and examples, you could expect the following levels of compensation award:
£1500 - £7000 for a minor head injury. £155,000 - £255,000 for brain damage. £8,000 to £15,000 for a permanently damaged shoulder. Up to £6,000 for a minor ankle injury. £35,000 for a severely damaged ankle. £110,000 or more for mesothelioma.
It's vital to take expert advice from a specialist work injury claims solicitor. Your solicitor will help prepare the case to support your claim for general and special damages and work to ensure that you are properly compensated.