Workers Compensation Rights And How A San Bernardino Injury Lawyer Can Help
Generally speaking, workers compensation for an injured party is not something that a San Bernardino injury lawyer would specifically be involved in. That is not to say however that an attorney has no dealings with workers comp claims. On the contrary when a claim isn’t as straightforward as it should be, then one of the best things that you can do as an injured party is to speak to a team of experienced lawyers who can help.
Workers compensation was initially set up in the early part of the twentieth century to protect those who were injured in the workplace. Previous to this, an injured party would not only suffer physically, but they would also suffer financially, especially when they would have to cover lost wages and medical expenses during their recovery period. This would be devastating to a family particularly if they were the main source of income. As a result workers comp was set up to help those who had indeed been injured whilst at work.
So how does it work?
In essence workers comp gives injured employees quick and easy access to money to cover financial expenses such as lost wages whilst in recovery and medical bills. Rather than the injured party having to go through the costly and indeed timely processes of litigation, compensation is paid out by the company’s insurance carrier usually within 72 hours. This process is a ‘no blame’ type of compensation that means that unless a workers employer is deemed to be grossly negligent, they cannot be blamed for the incident.
When a person is injured, they should file a claim form. This then gets handed to the employer who then checks it to make sure that the form has been filled in correctly and that everything is above board. One this has been done, the employer then passes it on to the insurance carrier where the adjuster checks it over once again and makes payment based on the extent of the injuries sustained and the advice of the appointed physician.
So when would you need the services of a San Bernardino injury lawyer?
In an ideal world the transaction from filing a claim to receiving funds should be a smooth and rapid process. However, as we don’t live in an ideal world, there are many instances in which a team of San Bernardino injury attorneys might need to get involved. Here is one great example:
Employer has not passed on the claim
In the state of California, it is law that every employer who employs more than one person has to take out workers compensation insurance in order to cover them in such circumstances. In essence it is just like car insurance whereby the more claims that are made, the higher the premium payments. It could well be that the employer has failed to keep up payments and the insurance has become null and void. On the other hand it could be that the employer simply doesn’t want to hand the claim to the insurer for fear of increased premium payments. Either way, this is an illegal practice and as a result contravenes the workers rights. A highly skilled layer can step in to make sure that full and fair payments are received.