Workers’ Compensation Cases

Workers’ Compensation provided compensation to employees that have been hurt on the job.  It is a state mandated insurance program.  Every state has its own laws when it comes to worker’s compensation claims.

Employees have the right to obtain benefits regardless of fault.  This insurance is to help protect an employer from being sued for work related injury.  Once a person utilizes the workers’ compensation benefits, an employee no longer has the right to try to sue their employer.

Employers are required to purchase workers’ compensation benefits through an insurance company.  Some companies that are small are not required to have this insurance.  In these cases if an employee is hurt, they must file a claim with workers’ compensation insurance or the self-insuring company.

Workers’ compensation will cover most injuries that occurred on the job.  There are some limits.  If an employee is under the influence of drugs or alcohol, they are not covered.  Coverage is often denied due to injuries sustained when committing a crime, if creating self-inflicting injuries, violating company policy, and if an employee was not on the job at the time of the injury.

Workers’ compensation will cover injuries that are acute and chronic.  If you end up with a diagnosis of carpal tunnel syndrome and you type all day, this will be covered.  Back problems are another common ailment covered by workers’ compensation.  Some illnesses can be caused by work related conditions such as lung disease.

You do not have to be injured at the workplace if your injury is job related.  You may be traveling for business and sustain an injury.  Maybe you are attending a work related social event.

Related Legal Source: For more information regarding workers compensation please visit the Law Firm of Abrahamson & Uiterwyk. Serving clients in the Tampa Bay area.

About Workers Compensation Law Los Angeles

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 http://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.

Lawsuit Funding for Workers Compensation

Americans are some of the hardest working people in the world. Companies across the world employ millions upon millions of people each year. There are generally three types of classes throughout the United States. There is an upper class, a middle class and lower class / “working class.” These classes are generally determined by an annual disposable income. This income ultimately determines the way of living for many families throughout the United States. When we talk about middle class and working class these are the workers of companies that typically employ Union members, electricians and construction workers. While each case is on a person to person basis when someone is hurt on the job, it can be devastating.

Workers’ Compensation is typically a program that is set-up to protect employees. The unfortunate case is although most companies abide by regulated laws which determine the amount of workers’ compensation you are entitled oftentimes the amount of time that lapse before a ongoing payment is awarded can take time. For some people that have been injured on a job it will take a lawyer to help collect compensation. In this case the amount of time it takes to get paid, will ultimately take longer due to litigation and negotiations.

When a worker is out of a job without disposable income coming into the household it can result in falling behind on mortgage payments, increased medical costs and rising credit card bills. While it would be ideal to have a nest egg to help pay for increasing bills and expenses, many of our workers don’t have a nest egg for a rainy day.

When an individual is faced with increasing bills and in some cases the threat of losing a home or being evicted lawsuit funding may help. Lawsuit funding for a workers compensation case can help pay down increased bills and help sustain you throughout the litigation of your case. There are ultimately two different types of lawsuit funding programs for workers compensation cases. There is the standard pre-settement cash advance (prior to settlement) and a structured settlement payout (taking over the payments). Both of these lawsuit funding programs can help a family through trying times.

While lawsuit funding typically has higher interest rates attached the upside is that if you don’t receive compensation from your case, you don’t have to pay back the lawsuit loan. There are also other cases in which a lawyer may not recover the full amount expected from your workers’ compensation claim. Because some companies offer non-recourse funding they can never collect over an beyond their loan. This protects the individual from having to come out of pocket.

If you are currently searching for lawsuit funding for a workers compensation claim, LawLeaf can help. LawLeaf provides and online service that matches those individuals searching for workers compensation cash advances with companies that are ready to compete for their business. Whether its a workers compensation cash advance or a personal injury related matter, it certainly helps shopping rates.

For additional information on lawsuit funding for workers’ compensation claims, contact LawLeaf today.

Note* Due to state laws most companies will only provide workers compensation loans in the following states: Alabama, Indiana, Montana, South Carolina, Connecticut, Iowa, Nebraska, South Dakota, Delaware, Louisiana, New Hampshire, Tennessee, Florida, Maine, New Mexico, Vermont, Georgia, Michigan, North Dakota, West Virginia, Idaho, Mississippi, Oklahoma, Illinois, Missouri and Rhode Island.

Injured on the Job? a Workers’ Comp Attorney Can Help

Workers’ Compensation laws are designed to ensure that employees who are injured or disabled on the job are provided with fixed monetary awards, eliminating the need for litigation. These laws also provide benefits for dependents of those workers who are killed because of work-related accidents or illnesses. Some laws also protect employers and fellow workers by limiting the amount an injured employee can recover from an employer and by eliminating the liability of co-workers in most accidents. State Workers Compensation statutes establish this framework for most employment. Federal statutes are limited to federal employees or those workers employed in some significant aspect of interstate commerce.

The Federal Employment Compensation Act provides workers’ compensation for non-military, federal employees. Many of its provisions are typical of most worker compensation laws. Awards are limited to “disability or death” sustained while in the performance of the employee’s duties but not caused willfully by the employee or by intoxication. The act covers medical expenses due to the disability and may require the employee to undergo job retraining. A disabled employee receives two thirds of his or her normal monthly salary during the disability and may receive more for permanent physical injuries, or if he or she has dependents. The act provides compensation for survivors of employees who are killed.

While most injured workers recover quickly, and beyond making the initial injury report to qualify for benefits have no real awareness of the Workers’ Compensation system, those more seriously injured may have difficulty with their employer or with the compensation system. Those workers may benefit from consulting with experienced Workers’ Compensation attorneys in their state. Workers’ Compensation litigation is generally considered to be simpler than traditional injury litigation, as it takes place in an administrative setting and may involve relaxed evidentiary rules.
Why Hire an Attorney?
Workers typically need to hire a workers’ comp lawyer when they are refused benefits to which they are entitled, are told that they can return to work before they are actually medically able, or are denied extended or permanent disability despite significant disabling injury. If your employer sends you to a doctor who declares that you are able to return to work even though you don’t believe you are yet able, or tries to get you to return to work to a special job created to accommodate your injury, you should consider speaking to a workers’ compensation lawyer right away.

The reason is this: while a typical injured employee does not know the law, a typical employer is very much aware of how the compensation system works and how to terminate an employee’s benefits. An injured worker who returns to work in a specially created position may well find that, two weeks later, the position is eliminated and he is laid off – but is no longer eligible for workers’ comp.

Similarly, many employers utilize doctors who are much more interested in maintaining a good continuing relationship with the employer than with accurately diagnosing the employee – too many declarations of continuing disability will likely cause the employer to send injured employees to a different doctor. A lawyer can help you protect your rights when one of these “hired gun” doctors tries to block you from getting necessary treatment, cut off your benefits, or send you back to work too early.

To learn more about your workers’ compensation rights in North Carolina, please contact the law office of Robert J. Dewey, P.A. today to schedule your initial consultation.

Have You Had An Accident At Work?

Have you had an accident at work that wasn’t your fault and your too scared to claim the rightful compensation you deserve? You may be scared you may lose your job if you claim compensation from your employers but this cannot happen if it does you have a claim of wrongful dismissal, as well as your bosses being unhappy with you for this the list is endless. Many employees don’t claim their rightful compensation if they have an accident at work because there scared. Well you shouldn’t be, a good solicitor will explain all the facts involved in a claim and answer any questions you may have.

Accidents at work can be very difficult but to make a successful personal injury claim you need to show that your injuries have been caused by the negligence of your employer. If one of your colleagues has hurt you, your employer is also responsible for this. If any accidents do happen you need to tell your employer so they can make a note of it in the accident book.

Your employer, or the person in control of the work premises are required under RIDDOR-Reporting of Injuries, Diseases and Dangerous Regulations to report any work related accidents and any work diseases or any dangerous occurrences whatever it may be. It’s a legal requirement to report any of these accidents under RIDDOR act of 1995. The information that is passed on to the Local Authority and the Health & Safety Executive helps them help the employers to prevent other reoccurrences of the same accidents and reduce any other risks for all employees.

A work injury may be that of you have hurt your hands, hit your head something hit you on the head, got something in your eyes, burnt your skin, inhaled something bad for your lungs, hurt your spin or skeleton either lifting something heavy you hadn’t be shown how to lift. The most common causes of injuries from work are manual handling of heavy items, machinery or tools, exposure to hazardous chemicals, jewellery or long hair tangled in machinery, misuse or failure of vehicles and any inadequate safety training.

Not only are the above common causes but other hazards include: explosive chemicals, electricity, heat, height, gases and liquids, powerful or sharp moving machinery, flammable gases, poisonous gases, heavy structures, high pressure gas and liquids all of these can and may cause an accident at the work place.

If you have had an accident in your workplace and it wasn’t your fault you have a legal and civil right to claim personal injury compensation from your employees and don’t worry about being sacked from your workplace if you claim compensation because they can’t sack you because of that its wrongful dismissal.

If you have had an accident in your workplace and it wasn’t your fault you have a legal and civil right to claim personal injury compensation from your employees and don’t worry about being sacked from your workplace if you claim compensation because they can’t sack you because of that its wrongful dismissal.

Jene is the Webmaster of Accident Consult who specialize in http://www.accidentconsult.com

————

Additional Personal Injury Information for Consumers

• Legal Definitions
• Personal Injury Articles
• Personal Injury Lawyers
• Lawsuit Funding
• Personal Injury Questions

Hurt Your Back Lifting At Work – Claim Today

Are you in agony with your back, have you injured it lifting products, metal whatever at work. If so you may be entitled to claim compensation against your employer.

Back injuries in the work environment are fairly common, and back injuries can be a tricky part of the body to get better due to fractures and sprains causing permanent weakness in the persons back.

All work environments may involve some lifting and if this is true then every employee should do some manual handling training. This will involve being shown how to lift a variety of different objects from the floor, trolley and lifting from higher shelves. Any manual handling training should be recorded on your training record. If your employer doesn’t give you the training necessary for the job you’re doing and you do hurt yourself lifting an object off the ground, you may be able to claim compensation for the suffering you may have been caused, the medical costs and bills and also any loss of earnings.

Here are some tips to help you avoid back injuries whilst manual handling objects:

• Your employer should make sure you undertake manual handling training

• You should take care when you do lift something to stop yourself from hurting your back

• Before you lift any object consider

o The weight of the object
o Can you use a trolley or another item to help you without needing to manual handle the object
o Do you need help with moving the object, ask if you do
o Work as a team if you do need help, get someone to watch you lifting it also
o Do you need any protective clothing on for example, gloves which protect your hands, steel capped boots to protect your feet etc?

• When you do lift the object you should:

o Use the correct lifting technique for the size and location of the object
o Lift the object in stages, take it from the floor to your knees then lift into the carrying position
o Make sure the object is level with your waist when moving and hold it close to your body
o Don’t have the object obstructing your view so you can’t see where your going
o When you come to set the object down, lower the object to your knees and then place on the floor keeping your feet apart and your back straight

Never over reach or twist as this is a common cause of serious back injuries, if you follow the instructions above they will help you be able to manual handle objects without the need to cause yourself back injuries.

If unfortunately you’ve already injured your back at work lifting objects, a solicitor who specializes in personal injury and work accidents will be able to help you claim the compensation you deserve.

A No Win No Fee solicitor will take on the case if the accident was in the last three years and that they think you have a very good chance of claiming compensation from your employer. If you are successful in claiming compensation you will receive the full amount and your solicitor will gain their legal fees from the other party’s insurance company. If you are unfortunate not to win they won’t get paid a penny. So what you got to lose, claim Today!

Jene Pedder is the Webmaster of Accident Consult who work on a No Win No Fee Basis and specialize in Back Injuries at Work.

————

Additional Personal Injury Information for Consumers

• Legal Definitions
• Personal Injury Articles
• Personal Injury Lawyers
• Lawsuit Funding
• Personal Injury Questions

Have You Had An Accident At Work?

Have you had an accident at work that wasn’t your fault and your too scared to claim the rightful compensation you deserve? You may be scared you may lose your job if you claim compensation from your employers but this cannot happen if it does you have a claim of wrongful dismissal, as well as your bosses being unhappy with you for this the list is endless. Many employees don’t claim their rightful compensation if they have an accident at work because there scared. Well you shouldn’t be, a good solicitor will explain all the facts involved in a claim and answer any questions you may have.

Accidents at work can be very difficult but to make a successful personal injury claim you need to show that your injuries have been caused by the negligence of your employer. If one of your colleagues has hurt you, your employer is also responsible for this. If any accidents do happen you need to tell your employer so they can make a note of it in the accident book.

Your employer, or the person in control of the work premises are required under RIDDOR-Reporting of Injuries, Diseases and Dangerous Regulations to report any work related accidents and any work diseases or any dangerous occurrences whatever it may be. It’s a legal requirement to report any of these accidents under RIDDOR act of 1995. The information that is passed on to the Local Authority and the Health & Safety Executive helps them help the employers to prevent other reoccurrences of the same accidents and reduce any other risks for all employees.

A work injury may be that of you have hurt your hands, hit your head something hit you on the head, got something in your eyes, burnt your skin, inhaled something bad for your lungs, hurt your spin or skeleton either lifting something heavy you hadn’t be shown how to lift. The most common causes of injuries from work are manual handling of heavy items, machinery or tools, exposure to hazardous chemicals, jewellery or long hair tangled in machinery, misuse or failure of vehicles and any inadequate safety training.

Not only are the above common causes but other hazards include: explosive chemicals, electricity, heat, height, gases and liquids, powerful or sharp moving machinery, flammable gases, poisonous gases, heavy structures, high pressure gas and liquids all of these can and may cause an accident at the work place.

If you have had an accident in your workplace and it wasn’t your fault you have a legal and civil right to claim personal injury compensation from your employees and don’t worry about being sacked from your workplace if you claim compensation because they can’t sack you because of that its wrongful dismissal.

If you have had an accident in your workplace and it wasn’t your fault you have a legal and civil right to claim personal injury compensation from your employees and don’t worry about being sacked from your workplace if you claim compensation because they can’t sack you because of that its wrongful dismissal.

Jene is the Webmaster of Accident Consult who specialize in Accidents at Work Personal Injury Claim.

How do I File a Worker’s Compensation Claim

If you have been injured at work, it is very important that you file a worker’s compensation claim. Even if you feel your injury is minor, you should be examined by a doctor and make note of the injury in case you wind up with complications later. Worker’s compensation is run by the state and it provides compensation to those who have been injured or become ill because of their job. You can get worker’s compensation regardless of who was at fault in most cases. However, you are generally not allowed to sue your employer because you can get benefits through the worker’s compensation program.

Each state has its own regulations regarding worker’s compensation. You will need to check with your local worker’s compensation office in order to determine what you need to do in order to file a claim. In some cases, you might wish to contact an attorney to help you with your claim, especially if you have been badly hurt. If you hire an attorney, you will want to hire one that is located in the area in which you are employed because they will know the applicable laws in your particular state. For instance, if you work in Boston, you will want to get in touch with a Boston personal injury lawyer. You might also consider hiring a lawyer if your case has to go through an appeals process. Again, if you live in Boston, you should be talking to Boston personal injury attorneys throughout the claim process.

Once you have been injured on the job, your first step is to notify the supervisor of your shift. You should immediately be excused from work. You should go right away and seek medical attention. Your employer might have a particular doctor which they will require you to see. You should check with human resources before heading out to see if this is the case. If you need emergency care, however, you should not wait. Take care of your medical issues first and then you can follow up with your employer.

There might be a time limit as to how long you have to file a claim, so you should try to do it as soon as the injury or illness occurs. Human resources will generally be able to provide you with the paperwork you need or point you in the right direction. You will then want to make sure that you promptly file the paperwork with the worker’s compensation office.

Remember to check your particular state’s guidelines as the laws regarding worker’s compensation vary from state to state.

Back to homepage for Law Information

Coordinating Social Security Disability and Workers’ Compensation Benefits

Many people with work-related injuries will qualify for Disability if they’re persistent in pursuing their claim through the Social Security appeals process. Most Social Security Disability applications are initially denied and the Social Security Administration reports that you’re much more likely to recover benefits if you’re represented by an experienced attorney.

In fact, it’s especially important to get legal advice if you plan to settle your Workers’ Compensation claim or if you believe you should qualify for both Workers’ Compensation and Social Security Disability. The terms of your Workers’ Compensation settlement can have a huge impact upon the amount of Social Security benefits you receive and the degree to which Medicare will cover your future medical expenses.

You can receive Workers’ Compensation and Social Security Disability at the same time, up to a combined benefit of 80% of the income you were earning before you became disabled. Unlike most Workers’ Compensation benefits, Social Security includes annual “cost of living” increases and may pay additional benefits for your spouse and children.
But the Workers’ Compensation and Social Security laws determine the amount of income you were earning before you became disabled in very different ways.

Your Social Security Disability benefits are usually based upon your “average current wages” before you became disabled, which is the larger of (1) your average annual lifetime earnings, (2) your average earnings during the five years before you became disabled, or (3) your earnings during the year before you became disabled.

Meanwhile, your Workers’ Compensation benefits are usually based upon your “average weekly wage,” which is the average weekly income you earned in the few weeks just before your injury. In Louisiana, your Workers’ Compensation benefits are generally based upon your wages in the four full weeks just before your accident or the beginning of your illness.

While you’re receiving Workers’ Compensation benefits, your Social Security benefits may be reduced so that the combined benefits don’t go over 80% of your “average current wage” as determined by the Social Security Administration. The exception to this rule in Louisiana is that the claimant’s employer may request that the offset be reversed if the Louisiana Workers’ Compensation Court determines that the claimant is permanently totally disabled.

The Social Security offset can become a very important issue when a Workers’ Compensation claim is settled because the Social Security Administration may treat the lump-sum settlement as a replacement for periodic benefits. They may pro rate the amount of the settlement at the same rate that the claimant was receiving Workers’ Compensation wage benefits before the settlement. The Social Security Administration applies either (1) the rate specified in the lump-sum award, (2) the periodic rate paid prior to the lump sum settlement, or (3) your state’s Workers’ Compensation maximum in effect for your year of injury. This figure can be used if no rate is specified in the award or there were no periodic benefits paid before the settlement.

The net effect is that a claimant’s Social Security benefits will continue at same rate they were being paid before the Workers’ Compensation settlement though the claimant is no longer receiving Workers’ Compensation indemnity benefits. This can be particularly painful where the claimant has used their Workers’ Compensation settlement to pay debts that they incurred while their claim was pending.

To address this problem, the Social Security Administration allows you and your employer to stipulate in your Settlement Agreement that the amount paid in the lump-sum settlement of your Workers’ Compensation claim is intended to compensate you for your lost wages (or loss of earning capacity) over your entire remaining work-life. The settlement documents should explicitly state the term and imputed periodic rate of the lump-sum settlement.

In the typical settlement of a disputed Louisiana Workers’ Compensation claim, the appropriate stipulation in the Joint Settlement Petition should substantially reduce or eliminate the Social Security offset.

David Buie is a Louisiana Workers Compensation Lawyer representing individuals throughout all of Louisiana. www.DavidBuie.com

———————————————————————————————————————

NEED A Lawyer? Check out our Lawyer Directory!

Making the Best of a Bad Situation: How to handle on-the-job accidents

Regardless of your occupation, you are more likely to be injured at work than away from work. Work-related injuries account for the vast majority injuries. According to the Occupational Safety & Health Administration, in 2002, there were 5.3 cases of occupational injuries per 100 workers, with 4.7 million injuries and illnesses among private sector firms. Despite the prevalence of work-related injuries, many employers and workers have misconceptions about how to handle on-the-job accidents. The most important aspect is communication. This means reporting the accident, whether you are the worker reporting the accident to your employer, or the employer reporting the accident to your workers’ compensation insurer. Many of the problems associated with workers’ compensation claims arise because the injured worker fails to timely report the accident. In many cases, symptoms of serious injuries do not appear until the next day. If you are involved in a work-related accident, report it immediately to your employer, even if you do not think that you are hurt or you feel your symptoms are minor and will go away after a good night’s rest. Insist that your supervisor complete a written report to document the accident. What may seem like a little back sprain may develop into a serious injury that your doctor will not be able to diagnose until months later.

As an employer, you should create a work atmosphere that encourages your employees to report accidents immediately. Many company whose employees are involved in heavier labor and thus are more likely to be injured on the job, have safety policies that emphasize the importance of early reporting. However, such a policy is also important for those work environments where on-the-job injuries are less likely, such offices that only employ clerical workers.

Here are other basic rules about workers’ compensation. Under Louisiana law, the injured worker is entitled to obtain treatment from the physician of his choice. The worker may seek treatment from one physician in each area of medical specialty related to his injury. The employer is obligated to provide all medical treatment related to the injury.

If the injury prevents the worker from performing his duties, he is entitled weekly disability benefits once his injury prevents him from returning to work for seven days. The weekly disability amount is two-thirds of the employee’s average weekly wage. For full time hourly employees, the average weekly wage is the hourly wage rate time the average of the actual hours for four full weeks of employment before the accident, or forty hours, whichever is greater. However, the law provides for a maximum weekly benefit that increases each year based on the earnings of all employees working in Louisiana.

If the worker is released to return to work, but has medical restrictions that prevent him from earning ninety percent of his pre-accident average weekly wage, he is entitled to two-thirds of the difference between what he was earning before the accident and what he able to earn after. One of the biggest misconceptions is that employee’s weekly benefits will be automatically terminated if he is released to return to work. If, for instance, he returns to work at light duty based on his medical restrictions and is only able to work forty hours without any overtime, the employee may be entitled to disability benefits in addition to his wages to make up the difference.

Any disputes arising out of workers’ compensation claims are resolved in a special court within the Office of Workers’ Compensation by judges with special training in workers’ compensation claims. This is a special administrative court that only decides workers’ compensation disputes between employees and employers, or other matters related to workers’ compensation claims. However, unlike other administrative courts, the decisions of OWC judges are appealed directly to the courts of appeal.

Good communications, early documentation, and a clear understanding of the basic tenets of workers’ compensation will lead to less anxiety for those involved in any work accident. An on-the-job injury can be a life-changing event for the injured worker, and pose serious productivity problems for the employer. Employers are better served by treating their employees fairly and creating an environment where work-accidents are reported early and dealt with properly.

www.coxcoxfilo.com

Personal Injury Lawyers

723 Broad Street Lake Charles, Louisiana 70601 Telephone: 337-436-6611 Toll Free: 800-256-2827

Kevin L. Camel kevin.camel@coxcoxfilo.com Education: University of Southwestern Louisiana, B.S., cum laude, 1987 Loyola University School of Law, J.D., 1992

Practice Areas : Personal Injury; Admiralty and Maritime Law; Workers’ Compensation

Membership: Southwest Louisiana Bar Association, Louisiana State Bar Association, Association of Trial Lawyers of America, Louisiana Trial Lawyers Association, Judge Albert Tate Jr. Inn of Court

———————————————————————————————————————

NEED A Lawyer? Check out our Lawyer Directory!