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
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.
Employer Negligence and Workers' Compensation
Acupuncture is an accepted medical option for treating a work related injury. In 2007, the California Department of Industrial Relations made revisions to current workers compensation laws and deemed acupuncture to be a covered medical modality for injured workers. What this means to injured workers is an increase in treatment options and less reliance on pain medications and muscle relaxants. Natural relief from work related injuries is now an option and all of California workers need to be made aware that this amazing medicine is available to them.
Dealing with a work injury can not only leave you in pain, but also confused about your treatment options. Often, companies are contracted to send their employees to specific medical facilities when they're injured. As long as it's not an injury requiring emergency medical care, the employer sends the employee to someone within their Medical Provider Network (MPN), a group of preassigned health care professionals set up by the employers insurance company. If you are unhappy with the provider you are sent to, you can request another provider from the network. If the thought of going to an unknown provider is unsettling to you and you are already a current acupuncture patient, you can sign a form pre-designating your acupuncturist as your primary health care provider in case of a work related injury. To ensure you can use the acupuncturist as your workers compensation provider, your employer must offer group health coverage, you must have been to the acupuncturist before, the acupuncturist must have those medical records and, prior to the injury, you must have signed the letter of pre-designation.
Due to many medical providers abusing the workers compensation system, limitations have been put in place. No longer are medical providers granted unlimited treatments of patients. Chiropractics, physical therapists and occupational therapists have been limited to only 24 treatments. When using acupuncture, functional improvement is expected within 3-6 treatments, with the patient being treated 1-3 times a week. Typically, the expected duration of treatments is from 1-2 months, but treatments can be extended with documentation of continuing functional improvement.
Acupuncture can get employees back to work faster and can be done in conjunction with other healing modalities. If you're already using acupuncture for health care, make sure to fill out a pre-designation form allowing you to use your acupuncturist in case of a work related injury. Our goal is to get you feeling better as soon as possible, getting you back to work as soon as possible and enjoying life pain-free once again.