WHAT IS WORKERS’ COMPENSATION?
Workers’ compensation system, or also known as workmans’ comp, is a state-mandated insurance coverage program which provides certain benefits to the injured workers in case their injuries or illnesses are job related. While the world of workers’ compensation is complex and nuanced, your workers compensation lawyer will assist you in determining the type of injury you have sustained and identify if your injury is covered by your employer’s workers’ compensation insurance coverage. There are strict statutes of limitations that can affect your ability to make a workers compensation claim, so if you have been injured while doing your job, it is important to seek the services of a qualified work injury lawyer who has the expertise and knowledge of the laws and statutes in your state.
Each state has its own different and unique Workmans’ Comp program. Also the federal government administers a workers’ compensation program for federal employees and certain other types of employees. Workers’ Comp is a no fault system, where employer provides workman’ comp coverage for the injured employee without fault to get certain benefits and the injured employee waives his/her right to sue his/her employer or coworkers for their negligent act that may have caused the injury.
- Don’t have a valid Social Security number? NO PROBLEM you are entitled to the same benefits as a documented employee.
- Has your case been Delayed or Denied? NO PROBLEM we are ready to fight for you.
- Not getting the proper medical care on time? NO PROBLEM we have doctors ready to treat you.
- Not receiving the maximum benefits allowed by law? NO PROBLEM we are ready to take your case to trial.
SUMMARY OF WORKERS COMPENSATION BENEFITS
Workers’ Compensation benefits are segregated into five basic categories. These include:
- Treatment or Medical Care
- Temporary Disability Benefits
- Permanent Disability Benefits
- Vocational Rehabilitation Services, and
- Death Benefits
Compensation for people who suffer injuries at work is provided by the Workmen’s Compensation Statutes. This law is based on an employer-employee relationship, and is not empirical to negligence factors. Irrespective of facts of who is at fault, you are entitled to compensation and coverage as per the workmen’s compensation rules. Emotional distress and mental anguish are NOT factors that are taken into account and, hence, are not covered by the compensation law. For more information see Injured Workers Rights and Benefits.
The amount of compensation awarded is an equation based on a number of factors. These factors take into account classification of employees according to their work duties. The employees are graded and rates are assigned to each particular tier. The compensation under the workman compensation is lesser in a personal injury as no other party is involved. Every employer is required to possess workman compensation insurance. The probability of an employee collecting for damages under workers’ compensation is fairly high.
Collecting on the negligence of the third party is not precluded in case of injury at work. For example, someone driving and getting rear-ended by another vehicle can initiate two lawsuits. One would deal with workers’ compensation; whereas the other would deal with the liability to be borne by the third party.
TYPE OF WORK INJURIES
There are generally two types of workplace injuries in workers’ compensation. The first type of workplace injury is “Specific Injury”, which happens by a specific incident such as falling, tripping, carrying heavy object, etc. The second type of workplace injury is “Cumulative Trauma”, which is caused by having the employee doing a repetitive action over a period of time, causing an injury to a particular body part (i.e. typing for a period of five years creates carpal tunnel in the wrist). Regardless of the type of workplace injury, the ramifications can last a lifetime.
CAN EMPLOYER BE RESPONSIBLE FOR NEGLIGENT ACT?
Employers CAN BE responsible for neglecting unsafe working conditions and equipment if they were aware of the shortcomings of the same. Remedial action not taken when prior information of dangerous work conditions is discovered can be used to hold the employer responsible for the accident. Unsafe equipment can also drag the manufacturer’s of the defective equipment to court. Injuries may result from the workplace being unsafe. These may include conditions at work or unsafe working equipment. For more detail see Serious and Willful Claim.
“Redressal” is provided to the injured employee by law, but there is a complicated formula for the offset in determining whether the employer’s negligence caused the injury. A third party claim is also calculated using the same parameters.
“Temporary Disability Benefits” are those un-taxed payments you receive from your employer when you are recovering from illness or injury and cannot perform all the duties that fall in the normal purview of your sphere. If you are able to do some work but receive less than your earlier pay, you are entitled to receive temporary partial disability benefits; whereas in cases where you cannot work at all, it would allow you to get temporary total disability benefits. Upholding the rule, you are paid two-thirds of the gross wages that you received before your injuries. This includes limits of the minimum and maximum set by law. This gross income encompasses all the benefits you received from work such as wages, food, lodging tips commissions as well as overtime. The right to receive medical attention on demand is also provided. Wages can also include income from various jobs that you undertook before the mishap.
Complex equations and confusing claim forms require you to possess a guide that will provide a “helping hand”, and lead you through the confusing maze of claims, counter claims and liabilities. Your side of the story needs to be told and your grievances aired to the deciding authorities. Your rights need to be protected from infringement. An L.A. Workers’ Comp Injury attorney will provide this vital guidance.
“Discrimination” is another battle that enrages and alienates co-workers. To tackle this demon, you need to raise your voice. The knowledge of the intricacies of the law as well as a person to air your concerns is needed. The maze of law is difficult to traverse without a guide, and an L.A. Workers’ Comp Injury firm provides the best option to get through this difficulty. Two or more claims can be lodged on the sustained injury. A layperson would not be able to estimate or emphasize on the bearings of these complexities, thus an experienced Los Angeles Workers’ Comp Injury attorney gives you the best chance at getting what you deserve.
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