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.
Workers Comp and Catch 22's - It is Enough to Make You Sick
Suffered an accident at work? Did you know you could be entitled to make a work injury claim for compensation if you have sustained injuries at work? As an employee, you have the legal right to pursue a work injury claim if you got hurt due to your employer's negligence. Every employer owes a duty of care to their workers. By law, they are required to protect their workers from injuries and accidents. Unfortunately, work accidents are a commonplace and they can occur under numerous circumstances.
Accidents at work can occur as a result of making use of unsuitable equipment, defective equipment, workplace hazards, assaults at work, lack of protective clothing, lack of training etc. Even mistakes made by employees could result in serious injuries and accidents.
Employers are required to adhere to a number of work related regulations so that they could minimise risk of injuries. These regulations cover all the main areas of general health and safety, working practices, risk assessments, training, manual handling and so on. There are specific regulations as well that applies to specific types of risks.
If an accident has occurred at work that was not your fault, then there are a number of steps that you must take to be able to make a work injury claim.
Reporting the accident - apart from small companies where five or less than five people are employed, every company is required to keep an accident book. If an accident has taken place at workplace, then details of the accident must be recorded in this book. So the first step that must be taken if you have been injured in an accident at work is reporting the accident and getting the details recorded in the company's accident book.
Obtaining photographic evidences - photos of the cause of the accident can help in proving liability. For example, if the accident was caused by defective machinery, then having photographs can help you prove that your employer was negligent.
Seek medical attention - whether the injuries are serious or minor, seeking medical attention will help you document your injuries. It will also help you receive the right treatment and make recovery quickly. After all, your health and safety should be your top priority.
Seek legal representation - to start a work injury claim, you must take help from expert work injury lawyers. This is because these injury lawyers will not only assist you with your case, but help you recover the level of compensation to which you are entitled.
Why Do I Need A Workers Compensation Lawyer?
Before you begin to look for a workers' compensation attorney, especially if you are in Orlando, you should ask yourself whether or not you even need one.
Should your injuries be minor and your doctor expects that the damage is temporary; you may not need a lawyer to help you. However, if the injury is severe, then you hiring an experienced attorney is your best course of action. The attorney can help you if you've accepted workers compensation but are not getting the correct amount, your company or employer fires you or disciplines because of the claim you made, or medical care is not given to you by your job.
Most attorneys will speak with you for free, so take advantage of that opportunity to find out if you even have a case. You'll also be able to get advice on how to proceed with a lawsuit or how to properly file for benefits. When you let an experienced attorney file your claim, you can be sure that you'll be treated fairly and get the benefits you deserve.
Choosing a workers comp lawyer is easy, there are a number of ways to find one, and by searching the internet for say, "Orlando Workers Compensation Attorney" you will find may qualified individuals. Be sure that the one you speak to is experienced and is committed to helping you.
Most attorneys are limited to a fixed percentage of the comp benefits that you are found entitled to by the courts. The percentage varies by state, and you should be sure to ask your attorney what the cost before having him or represent you. In some cases, the employer is responsible for the attorney fees, especially if they deny your claim in bad faith.
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