The main reason why you need hire an experienced and capable worker’s comp attorney in La Canada Flintridge 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 Job Injury Lawyers 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.
How to Obtain a Workers Compensation Settlement
Recently, it has become more common for employees today to work from home for at least some of the work week. Working from home is also called telecommuting. It can have tremendous benefits for an employee who gets a flexible schedule and saves on commuting costs. The employer also saves because they don't need to maintain a physical workspace.
Despite the flexibility, employees who work from home may wonder if their home office is covered for workers' compensation benefits. The answer is, potentially.
If an injury occurs from performing the duties required by your job than you will be covered by the benefits of workers' compensation. It will not matter if you were doing the work from home or another location. Should an injury occur while you are doing your job tasks and you can prove that it happened that way, then you can file a workers' comp claim.
It is important to note that it will be more difficult for telecommuters to prove a workers' comp claim than it will be for someone working in an office. This makes it important for a work at home employee to keep detailed records to explain their work and show how it is separated from their social and individual time. Of course, for employees who need to meet with clients and entertain can find this line becomes blurry.
Even if you work as a salesperson who spends a lot of their hours entertaining customers and building a relationship you should be covered for injuries sustained while working. If a salesman takes a client to dinner to finalize a business deal and then gets in a car accident on the way back to their home office, they should be able to file for workers compensation. It should not matter that the home office is also their private residence.
For someone that does work from home it would be beneficial to keep a daily record of tasks that were performed that are job related. A simple journal outlining all workday accomplishments. This will help in the future if a work injury attorney needs to evaluate the circumstance of the injury.
Clearly defining the work day and what is included will help differentiate tasks that were for personal reasons and tasks that were work related. Even though it's harder to prove it is definitely possible to collect workers' compensation after and injury in the home office.