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.
How to Prevent Workplace Hand Injuries
In the unfortunate event you should suffer an injury on the job, you may find comfort from co-workers who send their sympathies. You would hope, too, that your employers would understand your need to recover and the time involved. Sometimes, though, some workers have found that their bosses are more concerned about time and money lost to the company because of your injury. You may have done everything right with regards to filing for Workers Compensation, but depending on the nature of your injury you may discover your relationship with superiors is altered.
It's important to recognize that your company can dispute your claim if your bosses feel there is no cause to cover your injury. You work for a business, and as such you are responsible for helping your business remain solvent and profitable. When you become hurt on the job and are removed from the workplace, the company risks losing money and productivity, and should it be determined that your compensation claim is legitimate more money is spent to cover your bills. As more claims are paid out, your company may end up paying higher insurance premiums. Therefore, there is the chance that your workplace may challenge your claim if:
- They feel your injury is not as serious as you claim it to be.
- They feel your injury occurred as a result of a pre-existing illness or injury that happened outside of work.
- They feel you do not require too much time to recover in hospital or at home, and can return to work.
What do you do? You may feel hurt or discouraged, and equate a challenge to Worker's Comp claim as an inference that you have not been truthful about your injury. One thing you do not want to do is arouse your employers' suspicion or ire, especially if you plan to continue working for the company. You will want to remain calm and consult with a personal injury lawyer with regards to your next steps:
- Verify your injury through physician reports and X-rays where applicable.
- Your lawyer may wish to meet with co-workers who were witness to your injury in order to support your claim.
It is important, while your claim is still under consideration, to remain professional in the workplace and around supervisors and co-workers. If you are able to return to work before the claim is accepted or denied, perform your tasks to the best of your ability and try not to discuss your situation. Listen to your attorney, too, for he/she is there to help you get the compensation you need.