The main reason why you need hire an experienced and capable worker’s comp attorney in Temple City 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.
The Benefits of Hiring a Worker's Compensation Lawyer
If someday you become the victim of an accident where you work, things might get really messy. Asking for a work injury claim is quite normal, if you can no longer give 100% doing your job, because of injuries and possible disabilities that can follow. Getting back to full health is a matter of time, and meanwhile your colleagues could change the way they interact with you, because of your health problems.
Some will decide that it's you who is slowing down the activities, and others will maybe accuse you that the only problem is that you're just faking that you have problems, when in fact you don't want to work at all.
The conclusion is that it may very well happen that you no longer feel good at work, even if you know you have done nothing wrong. You just happened to be the victim of an accident. It happens in lots of places and the unfortunate victims have no blame for it. There are many bad things that can follow, like cuts from your paycheck, losing the opportunity of being promoted, and ultimately you could even get fired for good.
Are You Going To Get Sacked?
But the good part is that you can easily make a work injury claim. Of course there is the possibility that you will be accused of trying to rip-off the company and take undeserved money, which can deteriorate relationships with your colleagues. However a work accident claim can make your life easier in more than one way. Most important thing is the money you will earn, and money is of course why we work in the first place.
A specialist will analyze the seriousness of your injury and how much your bodily functions are compromised and with that he will determine the amount of your compensation claim. Also, this will make the respective company more aware of the danger menacing its workers, and this leads to an improvement of work conditions and prevention of accidents.
Furthermore, the medical assessment can act as indubitable proof to your colleagues that you weren't in fact lazy and you did want to work. So if you've been the victim of an accident that was not provoked by you, the company should pay for it, because they certainly didn't follow the proper Health and Safety Regulations.
And because, obviously, your health conditions don't influence only your efficaciousness at work but also has a lot to do with the way you live your personal life, a workplace accident claim is a great way to make you feel better.
I Had An Accident At Work - What are my options?
If you want to do a proper claim for a workplace injury then you must follow certain steps and make everything right First thing's first. Soon after the accident, it should be put down in the company's accident book. This item should be there if your company has over 10 people hired.
Given the case that the book doesn't exist or it can't be used for any reason then you should talk with your boss and tell him in detail about what happened and what injuries you got. Provided you have witnesses, you should bring them too and let them add more details.
The normal thing your employer should do is to tell you to put it all on paper, it's much better than just talking about it. This way the details of the accident remain written down, and you eliminate the possibility of forgetting some of them. A good idea would be to snap some pictures of the zone involved and add them to your file.
After that, the medical assessment made by your doctor is a thing you absolutely must do. The worst cases are when the injuries are so serious that some people can't work at all. If this happens to you, you must organize your statutory sick pay with your boss. You may find that useful for your accident injury claim to at least recover your lost money.
Anyway, you will need to talk to an accident solicitor in order to make sure you get compensated. This person will tell you everything you need to know about how to properly make a claim. But beware of the solicitors that ask you for fees before helping you, because the ones that really do their job well usually go with the 'No Win No Fee' slogan, which can guarantee that you won't lose any money, no matter the result.
And if your claim is successful, you receive 100% of your workplace injury compensation. If you have uncertainties about how you should act in such circumstances then contact a solicitor. But can you see any reason why you shouldn't use a professional and a 100% free based service that can bring you compensation for your accident at work?