The main reason why you need hire an experienced and capable worker’s comp attorney in Sierra Madre 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 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
Suffered an accident at work? Did you know you could be entitled to make a work injury claim for compensation if you have sustained injuries at work? As an employee, you have the legal right to pursue a work injury claim if you got hurt due to your employer's negligence. Every employer owes a duty of care to their workers. By law, they are required to protect their workers from injuries and accidents. Unfortunately, work accidents are a commonplace and they can occur under numerous circumstances.
Accidents at work can occur as a result of making use of unsuitable equipment, defective equipment, workplace hazards, assaults at work, lack of protective clothing, lack of training etc. Even mistakes made by employees could result in serious injuries and accidents.
Employers are required to adhere to a number of work related regulations so that they could minimise risk of injuries. These regulations cover all the main areas of general health and safety, working practices, risk assessments, training, manual handling and so on. There are specific regulations as well that applies to specific types of risks.
If an accident has occurred at work that was not your fault, then there are a number of steps that you must take to be able to make a work injury claim.
Reporting the accident - apart from small companies where five or less than five people are employed, every company is required to keep an accident book. If an accident has taken place at workplace, then details of the accident must be recorded in this book. So the first step that must be taken if you have been injured in an accident at work is reporting the accident and getting the details recorded in the company's accident book.
Obtaining photographic evidences - photos of the cause of the accident can help in proving liability. For example, if the accident was caused by defective machinery, then having photographs can help you prove that your employer was negligent.
Seek medical attention - whether the injuries are serious or minor, seeking medical attention will help you document your injuries. It will also help you receive the right treatment and make recovery quickly. After all, your health and safety should be your top priority.
Seek legal representation - to start a work injury claim, you must take help from expert work injury lawyers. This is because these injury lawyers will not only assist you with your case, but help you recover the level of compensation to which you are entitled.
How do I File a Worker's Compensation Claim
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.