What is Worker’s Compensation?
Worker’s Compensation (or workman’s comp) is a crucial part of the stability of our modern day workplace. In California, without a good compensation program in place, worker’s could be left out in the cold after an injury incident.
Workplace Injury in California
If you are on the job 8 hours-a-day 5 days-a-week, there is a definite risk of getting hurt. After all, your job takes up the bulk of your day! Worker’s compensation is an overarching program that gives employees the right to covered medical care or financial relief.
A stronger definition: “Worker’s Comp is a form of insurance that provides compensation medical care for employees who are injured in the course of employment, in exchange for mandatory relinquishment of the employee’s right to sue his or her employer for the tort of negligence. While plans differ between jurisdictions, especially in California, provision can be made for weekly payments in place of wages (functioning in this case as a form of disability insurance), compensation for economic loss (past and future), reimbursement or payment of medical and like expenses (functioning in this case as a form of health insurance), and benefits payable to the dependents of workers killed during employment. General damages for pain and suffering, and punitive damages for employer negligence, are generally not available in worker compensation plans.” – en.wikipedia.org/wiki/Workers_compensation
For worker’s compensation to take effect, an injury or illness has to occur during the course of standard employment.
The Catch with Workman’s Comp
As you may have noticed in the above definition, employees are often waved of their right to sue for negligence when participating in a worker’s compensation program. This allows companies to protect themselves from larger more detrimental settlements.
Punitive damages, or those incidences caused by neglect and negligence of an employer, are generally not a part of worker’s compensation cases.
The Importance of State
When it comes to workman’s comp, every state has its own set of rules and statutes.
One of the first things you have to do when considering workman’s comp is recognizing which state you are legally working in. From their, it is critical to acquire a skilled personal injury lawyer familiar with your state’s system.
As with any form of insurance, companies will often try to find any and every reason not to pay you. Sometimes they may be correct under the letter of the law, but to get your fair chance at financial or medical relief you need to come prepared with a competent attorney. At the very least, have one look over the details of your case. Most good attorney’s will provide you with a free legal consultation.
Employer Negligence and Workers' Compensation
Injury compensation is a way to reclaim the losses you've suffered after an injury or accident because of another's negligence. These could be financial, for example loss of earnings because you've taken time off work, or they could be physical, where your injury has resulted in considerable pain and suffering. Once you are informed about the process of claiming compensation you can make a decision as to whether you want to make a claim. This simple guide should help clear up any confusion over the legal aspects of what's involved.
What do people claim compensation for?
Injury compensation is the term used to describe the financial payout awarded to a person who has suffered an accident that could have been prevented or avoided by another party. For example, a car accident victim who suffers whiplash could potentially make a claim against the person who caused the incident. A person who has been injured as a result of using a faulty product might be able to claim compensation from the manufacturers of that product, if they are found to be at fault. Someone who has been in a work accident because of poor health and safety standards might think about making a claim against their employer.
There are many examples of cases where people choose to make a claim against the party responsible for their injuries, and generally each case is different to the next. What they all have in common is that there is a requirement to prove that someone was at fault or negligent, and this is what makes it possible to claim compensation.
Why people claim injury compensation
Injury compensation is a route that some accident victims might take in order to reclaim some of the losses they have suffered. In some cases, where a person has sustained severe injuries, they may have been out of work for long periods and unable to earn a living as a result. It could be that expensive medical treatment is required, or even extra help to look after their family. In these cases, injury compensation not only means that they can get back on their feet financially, but they might also be able to pay for any treatment necessary to speed up their recovery, such as physiotherapy or nursing care.
Where the injuries have been psychological, compensation will not take away a person's suffering but it may help to ease some of the stress they feel following an accident. Finally, making a claim can help prevent similar accidents in the future, as it might raise awareness about what causes such accidents to occur. For example, a claim for a car accident caused by a pothole in the road could result in those responsible repairing the road and improving safety for the drivers who use it.
How much claiming injury compensation might cost
Claiming compensation does not have to cost anything at all. After all, you may have already suffered enough financial losses because of your injuries. A no win no fee service is often possible whereby the solicitor that handles the claim simply doesn't get paid unless the claimant is awarded compensation. Also, the recipient of the compensation will usually get to keep 100% of the payout awarded to them, and the legal fees are paid by the party responsible for their injuries.
Now that you know a little more about injury compensation you should be less confused about making a claim and what's involved. Finding a reputable company to deal with your claim could be your next logical step.
Workers Comp and Catch 22's - It is Enough to Make You Sick
If you have sustained an injury in a workplace accident, you know that it can be difficult to get back on your feet again. Depending on the severity of your injury, you may be unable to return to work. You may also have stacks of medical bills that you aren't able to pay. Although you know you should be entitled to receive work injury compensation, knowing where to find help can be confusing. Personal injury lawyers are able to assist you in getting work-related injury compensation for your medical bills, pain and suffering, and lost wages. It is critical that you choose the right lawyer with experience in work injury cases in order to maximize your compensation package.
Start by getting the names of several reputable personal injury lawyers in your area. Family, friends, and colleagues are a great resource when it comes to finding a good lawyer. The internet is also helpful, allowing you to conduct research on lawyers, including their education, professional background, case success rate, and comments from former clients. When looking for a personal injury lawyer, choose one that has the qualities that will be essential to winning your work-related injury case - years of experience and a history of satisfied clients.
A professional injury lawyer has years of experience helping people receive the compensation they deserve. Experienced lawyers are fluent in handling almost any case, and have the knowledge that is necessary to reward you with the compensation that you need. During you initial consultation, be sure to ask whether or not the lawyer has had experience with cases similar to yours. Go online to find out their history with work-related personal injury cases.
Another way to tell if you have a quality lawyer is to read any comments written about them by past and current clients. In addition, great lawyers and law firms that are successful in the community will often have been recognized by prestigious associations. You can also check with the Better Business Bureau to ensure that they are professionals who do not have any formal complaints filed against them or their firm.
Choosing the right lawyer for your work injury compensation claim will ensure that your claim gets handled quickly for maximum compensation. Accuracy is key when it comes to filing a personal injury claim. Submitting a case that has been incorrectly filed may take months to straighten out in the judicial system. Having all of your paperwork filed correctly the first time will allow you to get fair compensation for your work injuries.
If you have been injured in a workplace accident, and you are unsure of where to turn, call a professional personal injury lawyer today. An attorney will help you get back on your feet in no time.
- Workmans Comp Lawyer Los Angeles
- What Does A Workers Comp Attorney Do Alhambra
- Workman Comp Attorney Altadena
- Lawyers For Workers Comp Arcadia
- Workers Compensation Lawsuit Burbank
- Lawyer For Work Injury Eagle Rock
- Workers Compensation Lawsuit East Pasadena
- Workers Comp Lawyer El Monte
- Job Injury Lawyers Glendale
- Workers Comp Lawyer La Canada Flintridge
- Workplace Injury La Crescenta-Montrose
- Workman Comp Attorneys Monrovia
- Workers Compensation Attorney Monterey Park
- Workplace Injury Pasadena
- Work Injury Lawyer Rosemead
- Injury Lawyer San Marino
- Lawyers For Workers Comp Sierra Madre
- Attorney Workers Comp South Pasadena
- Workplace Injury Claim Temple City