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
Acupuncture is an accepted medical option for treating a work related injury. In 2007, the California Department of Industrial Relations made revisions to current workers compensation laws and deemed acupuncture to be a covered medical modality for injured workers. What this means to injured workers is an increase in treatment options and less reliance on pain medications and muscle relaxants. Natural relief from work related injuries is now an option and all of California workers need to be made aware that this amazing medicine is available to them.
Dealing with a work injury can not only leave you in pain, but also confused about your treatment options. Often, companies are contracted to send their employees to specific medical facilities when they're injured. As long as it's not an injury requiring emergency medical care, the employer sends the employee to someone within their Medical Provider Network (MPN), a group of preassigned health care professionals set up by the employers insurance company. If you are unhappy with the provider you are sent to, you can request another provider from the network. If the thought of going to an unknown provider is unsettling to you and you are already a current acupuncture patient, you can sign a form pre-designating your acupuncturist as your primary health care provider in case of a work related injury. To ensure you can use the acupuncturist as your workers compensation provider, your employer must offer group health coverage, you must have been to the acupuncturist before, the acupuncturist must have those medical records and, prior to the injury, you must have signed the letter of pre-designation.
Due to many medical providers abusing the workers compensation system, limitations have been put in place. No longer are medical providers granted unlimited treatments of patients. Chiropractics, physical therapists and occupational therapists have been limited to only 24 treatments. When using acupuncture, functional improvement is expected within 3-6 treatments, with the patient being treated 1-3 times a week. Typically, the expected duration of treatments is from 1-2 months, but treatments can be extended with documentation of continuing functional improvement.
Acupuncture can get employees back to work faster and can be done in conjunction with other healing modalities. If you're already using acupuncture for health care, make sure to fill out a pre-designation form allowing you to use your acupuncturist in case of a work related injury. Our goal is to get you feeling better as soon as possible, getting you back to work as soon as possible and enjoying life pain-free once again.
Workers' Compensation - Settling Vs Trial
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.