Workers Compensation Lawyer
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“I was injured at work when some palettes fell on me in the warehouse. I called 7 different attorneys and they all just quickly said “you can’t sue your employer for workers compensation” and that was it, they didn’t want to hear any more. I called David and he was the only one who actually listened and asked me questions. He said that the palette manufacturer was partially liable, so we ended up suing them and I’m really happy with the way things went because I got a great settlement. Thanks for listening when no one else would!”
Workers Compensation Overview
Workers compensation is a form of federal, state and private insurance that provides financial compensation and medical care for workers injured while on the job or during the course of their employment.
Colloquially known as workers’ comp, the compensation guaranteed from this insurance comes with the mandatory relinquishment of an employee’s right to file claims against their employer for negligence. This can significantly limit the damages an injured employee may receive, especially in cases where the victim has suffered a permanently disabling injury that requires costly, long-term or permanent medical care and treatment. This is unfortunate, as workers compensation was originally designed to protect and serve the workers, but now in many cases protects the economic interests of the employers more than it assists injured employees.
Workers compensation differs from state to state, and each individual state has their own governing board which oversees the different private and public funds and insurers that provide workers compensation, although in most states workers compensation is provided exclusively by private insurance companies. 12 states have workers compensation State Funds legally required to act only as last-resort insurers, while the private workers compensation insurers may write extensive insurance packages and deny coverage to the riskiest claims. California’s State Compensation Insurance Fund is the largest of all 12 of state funds.
Federal Employment Compensation Act
The Federal Employees’ Compensation Act, also known as a FECA, provides non-military federal employees with workers’ compensation insurance. Funded by the employing governing agencies to reimburse the division of Federal employees compensation for their workers compensation expenses, federal employees can expect prompt determination of their claims and the compensation they may receive, the prompt payment of lost wages and medical bills accumulated due to work-related injuries and assistance in returning to work.
Many provisions of the Federal Employees’ Compensation Act are similar to most workers compensation laws. Federal employees’ awards are limited to disabilities or death sustained while on the job. Any injuries fatal or otherwise that were not due to the willful actions or the intoxication of the employee will be covered.
Employees can expect their medical expenses to be covered and those permanently disabled are provided with job retraining programs to assist in returning to work. A Federal employee disabled on the job will receive 2/3 of the normal monthly salary he or she received prior to the incident, and if the employee has dependents or the disability is permanent or extensive he or she may receive more financial support. This act also allows for financial compensation for the surviving relatives and dependents of the Federal employee who suffered fatal injuries.
California Worker’s Compensation Act
The California’s Workers Compensation Act is an extensive compensation program exclusive to the state of California. This statute places limits on the liabilities of employers and fellow employees of individuals injured on job sites. It legally requires California employers to purchase insurance to cover any potential claims of workers compensation and establishes a large fund for those claims against employers who illegally failed to buy insurance. The California Workers Compensation Act allows employers to make an initial provider selection, which may be changed after 30 days by any employee.
The Workers Compensation insurance provided by the employer under the requirements of the California Workers Compensation Act may be from an employer’s self-insurance, a private insurance carrier or through a competitive state fund. Insurance payments under this act may be made for temporary total disability, temporary partial disability, permanent total disability, and permanent partial disability and in some cases will cover disfigurement, physical rehabilitation, vocational rehabilitation and occupational hearing losses. If you live in Southern California, contact one of the best Los Angeles workers compensation lawyers who can help guide you with your claim.
Claimant’s attorney fees are approved on a case by case basis and those costs may be added to awards receivable. Death benefits available are based upon a percentage of the deceased employees’ wages, and are subject to limitations. The deceased’s surviving spouse and children are the only allowable recipients of death benefits.
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