It is always highly advisable to hire a workmans’ compensation attorney soon after suffering a work-related injury. Workers’ compensation can be thought of as a kind of medical and disability insurance coverage for employees who get injured while on the job.
When an accident occurs at work, or you miss time due to a medical condition caused by cumulative trauma at work, you as the employee have the right to file a claim versus your employer without reference to whose action or inaction caused the injury. It doesn’t matter if the accident was indeed due to your negligence, your employer’s negligence or when nobody is negligent. You are still entitled to receive the same compensation through the form of weekly payments in place of lost wages and an payment of medical treatment bills.
In the event that the employee dies within 5 years of the date of the work related injury or exposure to toxins, and the injury or exposure contributed if only slightly to causing the death, the “dependents” of the worker will receive scheduled benefits depending on the nature and extent of the dependency. Dependents need not be blood relatives. “Dependency” is defined in the Labor Code of California and it is a very different definition than used in dealing with tax issues.
Most people do not have comprehensive knowledge of their state’s and federal workers’ compensation laws. Without representation in a serious injury situation, you will almost certainly end up getting less than you are entitled to or your claim may be denied outright.
A workmans’ compensation attorney can help you every step of the way and negotiate with the insurance companies on your behalf, and litigate when needed. Continue reading to learn how to choose a workers comp lawyer with your interests in mind.
If you have any questions or are ready to consult a workers’ comp attorney in California, be sure to contact Gold Country Comp Center today.
Your Workmans’ Compensation Attorney Should Have Experience Handling Cases Like Yours
It is important to remember that no two workers compensation cases are alike. Despite this, a workers comp attorney should have some experience handling a case similar to yours. Workers’ Compensation law is very different from all other types of law, and only experienced specialists understand how to protect and advance the interests of an injured worker.
When discussing your case with a potential workers comp attorney, be sure to find out as much as you can about their experience in workers’ compensation law. If the attorney has been practicing for a long while, chances are they have handled cases similar to yours in the past.
Experience extends into negotiating with the insurance companies on your behalf. Employers will typically pay premiums to a workers’ compensation insurance company or if they are a very large and profitable company, they can provide the benefits themselves. The State of California is legally uninsured. They can just tax as needed to pay workers’ compensation benefits!
Workers’ Compensation and Insurance Companies
When you are injured due to a work-related accident, your claim will almost always be processed, handled, and paid by an insurance company. Dealing with the insurance company on your own can be extremely difficult. Their representatives know the law, the procedures, and how to take advantage of unrepresented workers.
The insurance company employs a team of highly experienced claims adjusters and attorneys working to pay as little of your claim as possible. When you hire a workmans’ compensation attorney, they are able to negotiate with the insurance company’s lawyers.
This is why it is so important to ensure that your workers’ comp lawyer has experience in this field. If a settlement is unable to be reached, then your claim can be taken to trial.
Workers’ Compensation Court
In some cases, your workers’ compensation claim may need to be taken to court (or in California, a judge at the Workers’ Compensation Appeals Board) if a fair and reasonable settlement cannot be reached with the insurance company. Any workers compensation attorney you choose to work with should have courtroom experience.
While all attorneys licensed to practice in California can handle a workers’ compensation claim. But because Workers’ Compensation law is different both substantively and procedurally from all other areas of law, the attorney you consult with should also have solid and extensive experience opposing insurance companies. Your attorney will represent you during negotiations and trial and fight to ensure that you receive the benefits you are entitled to.
Attorney’s cannot charge or collect a fee from a workers’ compensation client without a judge’s approval, and fees are a small percentage of the benefits the attorney wins for the client.
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