Workers Comp Lawyers

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.

Copyright (c) 2009 Chuck Matthews

If you are injured on the job in the State of Colorado, there are a few important issues that you need to address before you can file a Workers Compensation claim. In Colorado, the insurance carrier for the employer usually determines what happens in a workers’ compensation claim, but if you have been hurt while at work then the first place to start the workers compensation process is with your employer. You must notify your employer in writing of the injury suffered at work within 4 days of the data of injury. Your employer must then provide you with the names of at least two doctors to see for your injury. The choice of doctors is one of the most important things that occur in a workmans comp claim, and usually the person who is hurt has not had a chance to consult with a lawyer experienced in workers compensation when this choice is made. As a result claimants are frequently dissatisfied with the treatment they get from the “insurance” doctor. If the insurance company fails to provide two doctors there are a variety of avenues that an attorney can pursue in response. A change of doctors can be made but only within the first 90 days after the injury. Consequently, if you are approaching the 90 day deadline it is critical that you talk to a Colorado workmans comp. attorney to see what options are available to pursue.

Colorado Insurance Company Obligations

The insurance company will have to decide if they are going to admit on the claim, or contest the claim, within 20 days of being notified of the injury. They may provide treatment with a physician and still not admit on the claim. The reason they do this is because they do not want the injured worker, or the attorney for the claimant, picking a doctor for treatment. By offering medical care they can still deny the claim, or consider it “under investigation” and keep control of the choice of physicians. Even if the claim is admitted there are substantial advantages to having an attorney. The insurance company does not want the claimant to get an attorney. They know that cases involving attorney cost them more than cases where there is no attorney. The reason is simple, attorneys experienced in workers compensation know when the insurance company is not paying the benefits they owe, they know what to ask for, and how to ask for it. An attorney can tell if their doctor is trying to get the claim concluded rather than providing proper care, and they know how to get another physician involved if that becomes necessary.

Should I Talk to a Colorado Workers Compensation Attorney?

There are cases in which an injury prevents a worker from going back to work in any job for which the worker has previous training or skill. In these cases it is very important to know what your rights are and how to challenge the insurance companies Final Admission of Liability. Failure to timely object to the Final Admission means the case will close and they will only be responsible for those benefits that are admitted on that document. If the injured worker can’t go back to work at any job it is unlikely the insurance carrier will admit this and pay these benefits. In this case, you need to speak to a Colorado workers compensation attorney before the 30 days to object has expired.

Originally published here.

If you are injured on the job in Colorado, there are a few important issues that you need to address before you can file a Workers Compensation claim. In Colorado, the insurance carrier for the employer usually determines what happens in a workmans comp claim, but if you have been hurt while at work then the first place to start the workers compensation process is with your employer and after doing that, contact a Colorado Workers comp Attorney.

CA workers comp insurance is required for ALL employers, including those who have even one single employee. This coverage is designed to protect workers from injuries on the job, as well as to protect businesses from the potential lawsuits that could be filed by injured employees if they didn’t have the coverage. According to state law, not having coverage is considered a misdemeanor crime that is punishable by up to one year in county jail or up to $10,000 in fines, or both in severe cases. The bottom line is that your business needs coverage.

Getting CA workers comp insurance is fairly simple. There are plenty of companies that sell the coverage in varying limits and coverage amounts, depending on your exact business needs. Workers comp will cover things like lost wages, medical expenses and doctor bills, and other financial expenses that are incurred as a result of the injury or the time off work needed for recovery. This allows employees to continue supporting themselves and their families when they are unable to work. Without this coverage, businesses would have a lot more lawsuits on their hands because employees need that money to pay their bills when they cannot work due to an injury or illness.

CA workers comp insurance covers injuries that occur on the job as well as injuries that happen due to accidents off the job site when business-related activities are taking place. This insurance can also cover some illnesses, as long as they are relevant to the job or business in question. The exact benefits that are given to employees vary based on the injury or illness and its severity. In the event that a death occurs on the job, workers compensation also provides coverage to pay a death benefit to the family of the employee.

CA workers comp insurance has been around since 1910, and the state was actually responsible for causing many other states to create their own workers comp laws and regulations. This protection is older than Social Security and many other common protections that are now in place for employees and businesses today. Any company that operates in California has to have workers comp coverage for its employees, no matter what. The amount of coverage that a business gets is going to vary based on their specific needs, but must meet the state minimum law requirements in order to keep the company out of legal trouble.

Originally published here.

JG Hoggins specializes in educating readers about California business insurance, California business owners are encouraged to read all JG Hoggins articles relating their subject business. This is how business owners can save and be better protected, without having to worry about the out of pocket costs when an accident strikes.