About Workers Compensation Law Los Angeles

July 19th, 2009 at 07:58am Under Worker Compensation Law

Workers’ compensation refers to insurance provided to employees through their employer to cover medical expenses or any loss in the course of employment, workplace accident or the like.In California, employers need to carry Worker’s Compensation Insurance or qualify for self-insurance to cover any type of injuries or loss in the workplace. Work related injuries refer to carpal tunnel syndrome or leg injuries or illnesses which include hypertension, excessive stress, and insomnia, heart and lung diseases due to over exposure to harmful chemicals and toxins. Although there are laws existing regarding workers’ compensation, determining one’s eligibility and compensation can give rise to complex issues and insurance companies denying your claims. The compensation includes benefits for time off during recovery from an injury, medical reimbursements and compensation for a long term disability or impairment.If you personally experience any work related injury, and find difficulty in acquiring workers’ compensation benefits, the right person who can help you out is a Workers’ Compensation Attorney. Some situations arise when your employer or insurance denies your claim in spite of producing valid medical papers and your medical expenses. A Workers’ Compensation Attorney knows the legal intricacies and can make you aware of your legal rights and duties you were otherwise unaware of.For a reliable and experienced Worker Compensation Attorney, log on to www.geklaw.com. We are a leading name among law firms in California and specifically in the Los Angeles area, handling personal injury cases, workers’ compensation cases and accident claims. Backed with 30 years of professional experience and expertise, we have helped many persons obtain worker’s compensation benefits for clients suffering from on-the-job injuries.Sometimes workplace injury cases involve someone other than the two parties; employer and employee. A third party lawsuit may be filed and can add to a successful settlement. Such complicated cases are executed by the combined effort and expertise of our Workers’ Compensation Lawyer and Personal Injury Lawyer ensuring the best possible settlement.Our attorneys also work for sustaining a healthy and productive work environment, work closely with Southern California’s labor unions and employer groups to improve the quality of working environment, working conditions and employee’s rights. For more information, visit www.geklaw.com.

How Complex Are Workers Compensation Laws?

July 19th, 2009 at 01:59am Under Worker Compensation Law

Most people do not feel the need to understand workers compensation laws until they have suffered a serious injury at work. These laws can be quite complex and they vary from state to state. It is important for every worker to be aware of what workers compensation entails so they will be prepared in the event of a serious accident.
Worker’s Compensation, also known as ‘Workman’s Compensation” or ‘Worker’s Comp’, is a set of laws designed to protect injured workers. The purpose is to ensure that if a worker is injured at work, they will receive medical care, lost wages associated with the injury, rehabilitation, and retraining so they can return to work once they have recovered. If a worker is killed while at work, their families will usually receive death benefits. This systems permits injured employees to receive benefits without having to prove that the employer was negligent
While most injured workers usually qualify for benefits, there are situations where an employee may be denied benefits. This type of situation can become very complicated. Workers who are denied benefits usually consult with an attorney. An attorney who specializes in worker’s comp claims are Worker’s Compensation Attorneys. An attorney can advise a worker on how to protect their benefits and will defend them if they are denied benefits, denied extended or permanent disability, or had their benefits terminated early.
Employers tend to know more about worker’s comp law than the workers. Sometimes an employer may attempt to deny benefits. They may also send an injured employee to a doctor who may not have much experience in the area of the injury, or is working more for the employer than the patient. . An attorney will help protect a worker’s rights if an employer attempts an underhanded method of denying benefits or forces an employee back to work too soon after an accident. An attorney will also help a worker who returns to work for a period of time following an injury and suddenly finds himself laid off and no longer eligible to collect benefits.
Using the services of a worker’s compensation attorney will increases the chances of a worker receiving benefits. An attorney understands all aspects of the worker compensation laws and is familiar with the process, the officers and judges who preside over the process, and how the process works. Worker’s compensation proceedings are much different than other law proceedings. The setting and rules are more relaxed. Most personal injury lawyers will work on a contingency fee basis. This means that the attorney does not receive compensation unless the case is successful. Most states limit the amount an attorney can receive in fees for worker compensation claims so it can be difficult securing a personal injury lawyer. You should try to hire a personal injury lawyer that has experience with worker’s compensation claims
A worker who receives worker’s comp benefits usually cannot file a personal injury claim against an employer. A worker can file lawsuit if an employer intentionally causes an injury. The employer must have committed a precise act that intended to cause injury to the employee. For instance, if an employer pushes an employee down a flight of stairs, you can sue. A worker may also sue if an employer is required to provide compensation coverage and fails to do so.
If you find yourself facing obstacles to securing worker compensation benefits, you should consult with an attorney. The laws can be very complex for someone who does not have a legal background. A personal injury lawyer will have the expertise in handling a worker’s compensation claim.

Florida’s Workers’ Compensation Law

July 18th, 2009 at 07:59pm Under Worker Compensation Law

Florida’s Workers Compensation Laws were enacted to protect workers who have been injured on the job. Statutes require employers to provide Workers’ Compensation insurance for employees, although employers are permitted to self-insure providing that they meet the requirements.

Reporting requirements

Employees who are injured on the job are required to report their accident within 30 days of the occurrence. The sooner you report the accident the better, as your claim can lose credibility the longer you delay. If you are entitled to lost pay benefits, your first check should be sent to you within 21 days after reporting your injury. Delaying your report can lose benefits to which you may be entitled.

Medical care

If you need medical care, your employer or the insurance carrier will authorize a medical provider to treat you and order prescriptions. You will not have to pay for any medical care associated with your work-incurred injury.

Lost pay

You are entitled to pay for lost wages due to any disability caused by this injury, except you will not be paid for the first seven days unless your disability extends beyond 21 days. At that point the insurance company may pay for the first seven days.

If you lose time from work due to your injury, you will most likely be paid two-thirds of your average weekly wages, calculated over the previous 3 months (approximately.) If you haven’t worked during the complete period used in the calculation, a comparable calculation will be used to figure a fair average weekly wage on which to base your benefit.

Other benefits

You don’t have to be totally or permanently disabled to receive workers compensation benefits. Benefits are payable for temporary total or partial disabilities, too, but for a period of time limited to 104 weeks. Benefits vary for workers who are able to earn a limited amount of income while temporarily or permanently disabled. These include full or discounted benefit payments, rehabilitation for both medical conditions as well as vocational rehabilitation, medical care, assistive devices, artificial limbs, training in the use of these limbs, and more, as appropriate to your injury and degree of need.

Returning to work

Florida law does not require your employer to hold your job for you. While employers cannot fire you for filing, or attempting to file a claim, they are not required to rehire you if you have to take time off for a period of disability. Take advantage of vocational rehabilitation and job training benefits of workers compensation.

Workers Compensation – Getting the Benefits you Need

July 18th, 2009 at 01:59pm Under Worker Compensation Law

Getting injured on the job can be devasting physically, emotionally, and financially. Each of the 50 states has laws to protect you in the event you have been injured on the job.

Workers Compensation laws are designed to protect both the employee and the employer in the event of an injury on the job. State workers compensation laws provide guaranteed coverage to employees for medical care related to their injury and, in many cases, provide guaranteed compensation during and after the recovery period.

Employers are protected against lawsuits brought about by employees that have been injured on the job. Workers Compensation laws do not allow an injured employee to bring suit against an employer provided the injury occurs without involving negligence.

There are some basic steps that you need to follow in almost every state (see specific state laws here).

1. Report all injuries to your employer immediately or as soon as reasonably possible. Most states have time limits for you to report to your employer.

2. Seek necessary medical care. Many states allow employers to provide a panel of specific care providers that you must utilize for your treatment. Be sure to check the laws of your state.

3. Comply with all restrictions placed upon you by your medical provider. You may jeopardize your benefits if you fail to comply with medically advised restrictions.

4. Cooperate with your employer’s insurance carrier. Although insurance companies are paid by the employer, they have the obligation to follow the laws that are in place to protect your rights. You should be contacted by the insurance carrier within a few days of your injury.

5. File necessary claim forms. Many states will require an injured employee to file a claim for benefits. See specific state information for appropriate methods at www.injuryonthejob.com.

6. Keep all medical appointments as scheduled. You are the biggest factor in your recovery process. Keeping your medical appointments will also show that you are serious about recovery and adds validity to your claim.

7. Participate in light duty or modified duty programs established by your employer. Failure to comply with these programs may result in a loss of compensation benefits related to your injury on the job. The goal is to return you to regular duty as soon as medically possible.

An attorney is not required to file a workers compensation claim. Many workers compensation departments will assist employees with the process of filing a claim however, if at any time you feel that you are not receiving the proper care and compensation that you feel is appropriate, it may be time to contact a workers compensation attorney.

A Brief Overview of Colorado Workers Compensation Law

July 18th, 2009 at 01:59am Under Worker Compensation Law

Even if employees have not sustained work-related injuries, it would still pay to know the important points of Colorado workers compensation law. This is in keeping with their right to know what to expect in case of accidents in the workplace.Among other things, it is good to know that disability and death caused by stress and heart attacks are not automatically covered by the Colorado workers compensation law unless direct cause would be proven. To this end, workers must prove that mental and emotional stress must solely be encountered in the workplace and nowhere else. Heart attacks must also be proven to be caused by exertions made within the workplace in order to invoke the Colorado workers compensation law.The law also provides provisions on how to compute for the amount of compensation given to the disabled worker, to be given on the basis of the weekly wage. There are also guidelines included in the Colorado workers compensation law which defines the periods of disability and in which compensation shall be given as wages for the period in which the disabled worker is unable to report for work due to work-related injury. The Colorado workers compensation law also specifies timeframe in which the employer or insurance company must pay the first installment of the settlement, which is no later than 20 days after getting notice of the claim. However, employers can also extend this time frame by asking for verification from an attending physician on employee’s disability and inability to go back to work.Under the Colorado workers compensation law, permanent injury settlement must be given in schedules specified, on top of temporary disability compensation. The law also specifies a fixed amount per week for permanent injuries and the total amount would depend on body parts permanently injured or disabled. Injuries made to more than one body part would mean adding up the scheduled payments for parts affected. This is when the expertise of a lawyer with vast knowledge in Colorado workers compensation law would be most beneficial, to ensure the maximum possible benefits would be collected. It would also be good to know that the state also imposes maximum limits for temporary disability and permanent disability payments. However, additional compensation may be given to employees who suffer permanent disfigurement in body part visible or exposed to the public, such as the face. Under the Colorado workers compensation law, these disfigurements include burn marks and scars on the face and limbs and loss of limbs, leaving stumps.There are also cases in which Colorado workers compensation law specifies a reduced amount of non-medical compensation given to injured or disabled workers. Such is the case when the employee is proven to have ingested alcoholic beverages or took illicit drugs during the time of the accident. Compensation may also be terminated in the event that the injured worker has been convicted and sent to prison.The Colorado workers compensation law also has provisions and guidelines on the amount and schedule of death benefits given to wholly and partial dependents of the disabled worker, including instances in which compensation may be terminated, such as in the case of remarriage of widow or children reaching legal adulthood.