The main reason why you need hire an experienced and capable worker’s comp attorney in Burbank 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 Workplace Injury Lawyer 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.
Work Related Injury Compensation
Getting injured on the job can be a traumatic situation. Workplace injuries can cause an injured worker not only to be seriously hurt but also create a financial hardship. Workers' compensation laws vary from state to state. As such, any person that has suffered a workplace injury should consult with a workers' compensation attorney.
Workers' compensation was designed to provide remedies for an employee that has been injured on the job. Injured employees may be entitled to receive medical care, lost time, and even permanent disability benefits. In return for assured benefits employees do not have the legal right to file a lawsuit for an award from the court.
Although injured employees give up their ability to sue their employer they still have the right to obtain workers' compensation. Not all employees injured on the job will be approved for workers' compensation benefits. If an employee is denied or does not receive benefits that are appropriate for their situation they have the right to an appeal. A worker's compensation attorney specializes in workers' compensation laws and they can help an injured worker fight and obtain benefits.
Any attorney can choose to practice in the area of workers' compensation law. However, an employee that has a workplace injury will want to find an attorney that is experienced in this area of law. One way to find a reputable and experienced workers' compensation attorney is through the state bar association. The bar association will can help in locating attorneys in good standing as well as those who specialize in certain areas of law.
You can also find a reputable workers' compensation attorney by checking your local yellow pages. Many attorneys advertise in the yellow pages and this will give you a good starting point in locating a number of candidates. Attorneys that advertise in the yellow pages generally highlight their specific area of law so this is also a good way to narrow your search for an attorney who practices specific aspect of law.
Once you have selected a few candidates you will want to do an evaluation during your initial consultation that will help determine your selection. Your evaluation of the workers' compensation attorney should be based on a few factors. These factors are how well the attorney listens, their understanding of your situation, explanation of law as it applies to your case explained in laymen's terms, and your level of confidence in their representation of you.
You may also want to ask for references so that you can evaluate the workers' compensation attorney's work on previous cases. Former or current clients are good sources of references but attorneys may be reluctant to divulge client information because of its confidential nature. The next best sources of references are other attorneys.
It is extremely important to be prepared for your initial consultation with the workers' compensation attorney. It may be wise to prepare a summary of the facts and events surrounding your injury in chronological order before your consultation. The summary should include important information such as the date of your accident, exact name/address of employer, and details of your injury.
You may also want to bring any medical records, employee handbook, and if possible any witness statements. This will help your meeting go smoothly and also help in selecting a workers' compensation attorney.