Job-Related Injuries & Workers’ Compensation: A Legal Overview

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Job-Related Injuries & Workers’ Compensation: A Legal Overview2021-04-07T15:18:57+00:00

Job-Related Injuries & Workers’ Compensation: A Legal Overview

If You Were Injured on the Job, You Have a Right to Compensation

When we have an on the job injury or illness, it might seem like we will have no means of compensation. But, in most states, there are worker’s compensation laws. Worker’s compensation was traditionally known as the workman’s compensation. Sometimes, when you injure yourself on the job, a worker’s salary might be the only way you will receive compensation for your situation.

Understanding the Worker’s Compensation System
There are worker’s compensation laws put in place for when we injure ourselves at work. Often, many will think they need to have a physical injury to make a worker’s compensation claim. The damage can be physical, psychological, or even a sickness related to the job you perform. Just so long as you have injured yourself while doing your job, you should be permitted to make a worker’s compensation claim.

In most states, when you injure yourself at work, you are not allowed to file a civil suit against your employer. Your employer typically will pay into your state worker’s compensation fund, regularly. The fund is for all who are injured or develop illness on the job. The worker’s compensation fund is typically an employee’s only means to receive compensation for their injuries.

What are the Benefits Included with Worker’s Compensation?

Medical Bills
Many times, when we injure ourselves, we will have medical bills to pay. The worker’s compensation fund will provide payment for your medical bills relating to the injury suffered on the job. You will often have to see the doctors the worker’s compensation department says you need.

Temporary Disability Benefits
Whenever you injure yourself on the job and cannot work, because of the injury, your employer and the worker’s compensation fund will pay you about two-thirds of your income. That is, they will compensate you for the days you cannot work due to an on-the-job injury. The temporary disability compensation does not typically kick in until you have missed several days of work.

Permanent Disability Benefits
If your injuries prevent you from returning to work, you might receive permanent disability for these injuries. If you do, it will depend on the extent of the injuries and what kind of work you perform. Like temporary disability, permanent disability will provide you with about two-thirds of your income.

Death Benefits
If your injuries or illness result in death, your spouse and, or children will receive these benefits.

What are the Limitations on Benefits?
Most states have compensation limitations for an injury. A Los Angeles lawyer is best suited to give you information on California’s limits. Some states attach a fixed dollar amount to all possible job-related injuries. Some also have a weight scale to determine how severe the damage is. A work injury attorney Los Angeles, will assess your injury and notify you of your rights and limits in California.

How to Protect Your Claim After an Accident
Whenever you suffer a work-related injury, report it immediately. You start by saying it to your immediate supervisor. Many employers have rules and regulations to report the damage immediately or lose your right to compensation. A workplace accident lawyer might still be able to assist you. Sometimes, you cannot declare the injury right away. That is because the injury or illness is one that progresses over time. If you are suffering from a progressive injury, like carpal tunnel syndrome, report it to your job as soon as you realize it is work-related. An employment accident attorney Los Angeles will go over the steps you need to take to report a problem such as carpal tunnel syndrome. Typically, if the injury did not get reported within thirty days, you might lose your right to a worker’s compensation claim. That is, a Los Angeles personal injury attorney will tell you, the injury or illness report is in due diligence. Also, an employment accident attorney Los Angeles might consider that you have no claim, even if you have reported the injury within the amount of allotted time. That is, your credibility will be taken into consideration when you say your injury or illness. Your credibility will determine whether you are entitled to a worker’s compensation claim. A workplace accident lawyer will tell you not to delay in reporting the injury.

What About Returning to Work?
It is difficult for a work injury attorney Los Angeles to determine when you will return to work. There are many factors to consider before returning to work. It will depend on the type of injury or illness you had and the extent of the damage or disease. There will also be many people who have a say in when you are returning to work. That is, the doctors you see will be the leading determinants when you return to work. Other than the doctors, your employer, your attorney, and the worker’s compensation claim coordinator will also determine when you should and will return to work. Unfortunately, you do not have much of a say in how and when you will return to work. A Los Angeles injury lawyer can help.

Sometimes, a determination that you will return to work before completely recovering from your injury or illness. When you return to work before complete recovery, it is typically with restrictions. These restrictions are put into place so that you do not aggravate the injury or illness while working if a determination that you should not return to work at all, the worker’s compensation might award you permanent disability for your injuries.

Regardless of the type of injury you endure while on-the-job, it will be beneficial for you to consult an attorney about your injury or illness. You should employ the services of an attorney as soon as you realize you have a worker’s compensation claim. It is always essential to hire a law firm. Many times, employers will look for a way to terminate the employment of an injured employee. So, to protect your rights to worker’s compensation and your job, you should not hesitate to get a worker’s compensation lawyer. It is helpful to know your rights.

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