The main reason why you need hire an experienced and capable worker’s comp attorney in Rosemead 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 Workmans Comp 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
Anyone who's a victim of a work related accident or other incident needs to file a claim. To do this, they'll need a qualified worker's compensation attorney who knows what needs to be done regarding both the employer and the state's worker's compensation organizations. This is important, since consulting an attorney might be the only way to get the compensation you're due.
This is because, when it comes to the law, worker's compensation is a very specialized and complicated area. There are lots of details that the ordinary person will have a lot of trouble handing. That's why you need to be sure of having a qualified attorney who'll work for you. If you can find a worker's compensation attorney who knows what he or she is doing, you're sure to get the proper compensation, and you'll receive enough to outweigh any legal costs you might incur. Make sure you find a reliable attorney, with lots of experience, the right qualifications, and a trustworthy record.
There are lots of different situations in which you might end up in a work related accident. They happen involving lift trucks and other vehicles, machinery, and even common slips and falls. Don't forget about occupational diseases like Legionnaire's Disease, black lung, and others. They might be compensated by your state system without you knowing about it. That's why you need to talk to an attorney. He or she will have the information to help you find out what's covered, and what you need to do to prove that you're suffering from one of these debilitating conditions.
Many of the attorneys who work in this field actually handle only worker's compensation cases. That's because of the specialized medical and legal knowledge needed for this type of work. A lot of the time, you can get your attorney to recommend orthopedic doctors, physical therapists, medical doctors and other professionals to get you the right kind of treatment. These may even be professionals who specialize in dealing with work related problems. Why should use use a medical professional with this kind of specialty? Attorneys do with because these doctors know what kind of medical proof is needed in a worker's compensation case, and because they know how to put together and submit the paperwork that's needed for your claim. They'll work with your attorney, and are often willing to hold all bills until the case is settled.
Employer Negligence and Workers' Compensation
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.