The main reason why you need hire an experienced and capable worker’s comp attorney in Monterey Park 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 Workmans 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
Workman's compensation, or as it is often called, "Worker's Comp", is the name that refer to a system of laws that offers protection to injured workers. Its intended goal is to make sure that anyone who is injured at work receives medical care appropriate to their injury. The laws also provide for recovery of lost wages. When necessary, it provides for the retraining and rehabilitation necessary to return to the workforce. In the event a worker is killed on the job, benefits would extend under most circumstances to the worker's family.
Although the system of laws governing Worker's Comp makes recovery of benefits easier than in normal personal injury cases, it is not unusual to need the services of an attorney to protect your rights and to insure that you receive all the benefits to which you are entitled. There are attorneys that specialize in Worker's Comp laws, and it is advisable to seek one of them. Not only do laws vary from state to state, but often courts vary from city to city, so by all means, if your injury occurs in, say, Boston, than be sure to hire a Boston personal injury attorney to represent you.
There are a few things that could exclude you from coverage under Worker's Comp laws. Although this does depend on the jurisdiction, employees may lose their benefits if their injuries or death results from either willful misconduct or from intoxication.
In addition to normal Worker's Comp benefits there are some special federal laws which provide additional protection to certain classes of workers.
-----The Jones Act. Intended for seaman on U.S. flagged vessels
----The Federal Employment Liability Act (FELA). For employees of railroads engaged in interstate commerce.
----The Longshore and Harbor Worker's Compensation Act (LHWCA). For employees of certain classes of private maritime employers
----The Black Lung Benefits Act. For miners suffering from black lung disease.
It is not unusual for an injured employee to have some difficulty with either their employer or with the Worker's Compensation system. The employee usually has little knowledge of his rights although the employer is usually pretty sure about them. The employer also has some little tricks up their sleeves for minimizing their liability. The worker is walking through a minefield here, and this is where that Boston personal injury lawyer comes into the picture.
It is hard to even trust the doctor in these cases. Employees are often told they are fine to return to work by a doctor whose loyalty is much stronger to the employer than the employee. Another practice that is sometimes used by employers to limit Workman's Comp liability is to return the employee to work at a different position. This special position is a promotion that involves much less physical exertion, and the employee accepts it, and then in a couple of weeks he finds himself laid off and the position eliminated. Once he returned to work his Workman's Comp benefits ceased, and now he has lost them.
The attorney can guide you, and make sure you receive what you have coming to you under the law. These cases are procedural, and are not lawsuits as in non-work related personal injury. However, an exception is made when the injury is caused by a deliberate action of the employer, or when the employer fails to carry Workman's Comp Insurance even though required by law to do so. You then have the right to sue the employer outside the Workman's Comp system.
Accidents at Work
Whether you are a labor or a corporate worker, you are not safe from any potential accidents that might occur at your workplace. Usually, field workers are more prone to accidents as the work they do requires quite a lot of manpower and tedious toil. Big cities involve more construction and therefore a worker's comp lawyer is a highly sought after individual. If by chance a worker is subject to an accident, a worker's comp attorney will help the worker acquire rights that are to be given to him if he is injured by an accident at work.
Many people think that accidents at a workplace are only factory related or construction site related. However, this may not hold true every time. Accidents might happen anywhere around your workplace. The basic aspect to consider is how you can avoid these accidents. Following are some measures that will help you in being safe at your work environment:
• The most common accident is slipping on a wet floor. Slipping on a wet floor would lead to torn muscles, broken bones and concussions. Therefore, it is of great importance that you keep your mind alert on the path you are walking on, and focus on where you are heading to. Avoid reading newspapers, texting on your phone and being mentally lost somewhere while you are walking. When you spot a 'wet floor' sign, take any other diversion instead of attempting to walk on the already wet floor.
• Instead of being shy about not knowing anything, you better ask about it. There is no shame in asking about how particular equipment might work or be handled. Do not make guesses about how it will be operated. Simply ask your senior employees or ask anyone around.
• Keep it neat. A clean desktop and a tidy environment are less likely to encounter accidents as compared to a dirty one. For instance, a fire at your workplace will not be as hazardous in an environment where you have all documents, papers and other things in order, as compared to a place where everything that can catch fire is lying around as clutter.
• In places where you are subject to hazardous chemicals or radiations, especially factories, wear protective clothing like lab coats, gloves or goggles where necessary. For all the fieldwork, do not ignore the helmet.
• Have your fire alarm and security alarm checked by the electric personnel from time to time. If you are the owner of the workplace, make sure all your employees know where to head to if there is a fire. Have first aid equipment ready or handy to everyone at your office. Educate them about the basic things to do if, by chance, an accident occurs.
• You must also be aware of the work compensation legislation in your country or state. You must never be reluctant to file a work accident claim if you have encountered an accident. The owners of the workplace should know that something illegal has happened and should be avoided in the future. After all, your health and your life are your priceless possession.