Workers Comp Lawyers

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Citation Details
Title: Exclusive-remedy provisions of workers’ comp statute declared unconstitutional.(Oregon)
Author: Stephanie Levy
Publication: Trial (Magazine/Journal)
Date: August 1, 2001
Publisher: Association of Trial Lawyers of America
Volume: 37 Issue: 8 Page: 80

Distributed by Thomson Gale

Exclusive-remedy provisions of workers’ comp statute declared unconstitutional.(Oregon): An article from: Trial

When an employee suffers an on the job injury, they may elect to have a workers compensation attorney handle their claim.  Typically workers compensation attorneys handle cases involving industrial injuries, occupational disease claims, rejected claims and pursuit of acceptance of conditions related to the original industrial injury or occupational disease.  A good workers compensation attorney will be able to determine that all monetary benefits that an injured worker is entitled to are paid correctly.  Claim issues that may arise requiring a workers compensation attorney may include termination of time loss compensation, payment of loss-of-earning-power benefits, payment of permanent partial disability awards, aggravation or worsening of the on job injury, or total permanent disability benefits.

A good workers compensation attorney can make a significant impact on the amount of recovery an injured worker receives for their on the job injury claim.  Workers compensation attorneys typically charge the injured worker on a contingency fee basis usually between 33-1/3 and 40% of the additional recovery made plus costs.  For example, if a workers compensation attorney charging 33-1/3% was able to obtain an additional $10,000 for an injured worker, the amount the injured worker would receive would be reduced by $3,333.33 for attorney fees plus costs an additional amount for attorney costs.  Workers compensation laws vary from state to state and on a federal level so it is best to consult with an attorney with expertise handling cases in your state. 

Most employee workers compensation attorneys offer a free initial consultation to discuss a claim.  A workers compensation attorney can help ensure an employee’s rights are protected, that they are compensated for all benefits they are entitled to under state and federal laws, and help put the injured worker at ease with respect to how their claim is being handled.  Further, a workers compensation attorney may be able to identify additional legal remedies or benefits that the worker may be entitled to as a result of their on the job injuries.

Employees need to be aware that there on the job injury may have special protection under the law.  For example, if an employee is injured while operating faulty equipment, due to contractor negligence or employer ignored safety requirements, they may be to pursue punitive or general damages for their claim.  For example, if a construction worker is injured as the result of the negligence of another contractor on a job (not their employer), they may be able to bring third-party tort claim against the contractor.  Such examples would include leaving debris on a construction site, installing dangerous temporary electrical wiring, or backing a truck into a worker.  A further example would be when a subcontractor fails to install proper protective safety barriers when a scaffold falls.  Such incidents can cause catastrophic injury or death.  An employee who suffers an injury involving a third party should consult with an experienced personal injury attorney who has handled similar cases.   

If a worker’s injury is the result of a defective product, they may also be able to pursue a product liability claim.  Examples would include a defective forklift, defective scaffolds, or a saw without safety guards.  Employees injured working in these industries should consult with an experienced injury attorney.

Employers and their insurers also have the right hire an attorney or have their own in-house counsel for a workers compensation claim.  Typically, the employer or their insurer will only hire a defense attorney when a claim is litigated.  To avoid incurring legal expenses, the employer’s insurer will sometimes refer the case to defense counsel just prior to court deadlines.

Learn more about workers compensation settlements and workers compensation attorneys at http://www.workerscompensationsettlements.com.

 

 

 

Originally published here.

Corti, Aleksy and Castaneda www.workcompguys.com The founding lawyers have built their reputation on cases involving workers compensation, disability determination, and related aspects of workers compensation law. Working in both the legal and insurance communities, our attorneys and staff are dedicated to preserving and protecting our clients rights under the law. Our personal injury lawyers pride themselves on honesty, integrity, and sensitivity to each clients individual needs.