The main reason why you need hire an experienced and capable worker’s comp attorney in El Monte 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 Workers 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
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.
Worker's Comp - How to Handle Your Employers
If you have been injured at work, it is very important that you file a worker's compensation claim. Even if you feel your injury is minor, you should be examined by a doctor and make note of the injury in case you wind up with complications later.
Worker's compensation is run by the state and it provides compensation to those who have been injured or become ill because of their job. You can get worker's compensation regardless of who was at fault in most cases. However, you are generally not allowed to sue your employer because you can get benefits through the worker's compensation program.
Each state has its own regulations regarding worker's compensation. You will need to check with your local worker's compensation office in order to determine what you need to do in order to file a claim. In some cases, you might wish to contact an attorney to help you with your claim, especially if you have been badly hurt. If you hire an attorney, you will want to hire one that is located in the area in which you are employed because they will know the applicable laws in your particular state. For instance, if you work in Boston, you will want to get in touch with a Boston personal injury lawyer. You might also consider hiring a lawyer if your case has to go through an appeals process. Again, if you live in Boston, you should be talking to Boston personal injury attorneys throughout the claim process.
Once you have been injured on the job, your first step is to notify the supervisor of your shift. You should immediately be excused from work. You should go right away and seek medical attention. Your employer might have a particular doctor which they will require you to see. You should check with human resources before heading out to see if this is the case. If you need emergency care, however, you should not wait. Take care of your medical issues first and then you can follow up with your employer.
There might be a time limit as to how long you have to file a claim, so you should try to do it as soon as the injury or illness occurs. Human resources will generally be able to provide you with the paperwork you need or point you in the right direction. You will then want to make sure that you promptly file the paperwork with the worker's compensation office.
Remember to check your particular state's guidelines as the laws regarding worker's compensation vary from state to state.