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
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.
What is Worker's Compensation? Can I Get It?
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.