WHAT IS WORKERS COMP
Workers compensation is a system designed to get injured workers compensated for their work related injuries. The workers compensation system is supposed to pay for the medical care of an injured worker. Injured workers may also receive disability benefits under the workers compensation system. In some cases, something like vocational rehabilitation exists if the injured worker has to be trained for a different type of work due to their work related injury.
Work injury cases against insured employers, or for employees opting to go against the uninsured fund because their employer did not have insurance, are heard in the Workers Compensation Appeals Board (WCAB). Most workers compensation cases settle, but if they do not they are tried in the WCAB.
The workers compensation system is designed to compensation employees regardless of whether they are at fault in the injury. Workers compensation trials are not as formal as civil, nor as grueling. The focus of most workers compensation trials is medical proof. The issue is proving the existence and extent of the injury, and that the medical condition is related to the injury opposed to the employee’s aging or another injury elsewhere.
Workers compensation lawyers can advise injured workers how medical treatment works in the worker compensation system. It is important to get away from having to treat at the employer’s designated medical clinic. The employer’s designated medical clinics rarely have the right specialist for the injury. Additionally, their goal is to get an injured worker back to work as quickly as possible with as little treatment as possible often noting injuries are strains when they are sprains, or sprains when they are tears or fractures.
CALL 1-877-525-0700 TO START A WORKERS COMPENSATION CLAIM WITH AN EXPERIENCED WORK INJURY LAWYER
WORKERS COMP LAWYER
Getting a workers comp lawyer is a good thing. Attorneys represent injured workers at their depositions, mandatory settlement conferences at the WCAB, and during workers compensation trials. They also prepare and file a significant amount of paperwork needed to go through the workers compensation system. Preparing and filing these papers is beyond the ability of lay people.
Work injury lawyers generally have a 15% fee approved by the WCAB. In some instances, such as a death at work, the attorney fees may only be 10%. All workers compensation attorney fees must be approved by the WCAB. [VISUAL NEEDED SHOWING 10-15% ATTORNEY FEES FOR WORKERS COMPENSATION LAWYERS] The benefits of hiring a qualified workers compensation attorney far outweigh these nominal attorney fees. The goal of the workers compensation insurance company is to maximize their profits. This is an inherent conflict of interest in the insurance company telling the injured worker how to best maximize their work disability claim. A workers compensation lawyer will maximize the value of the claim by making sure the disability rate of the injured worker is consistent with all of their body parts that are injured. They may also be able to turn an injury into a catastrophic injury claim which makes it far more valuable.
Workers compensation lawyers can advise potential clients whether it is possible to sue for a work injury if the employee is no longer employed. They can also advise if there was discrimination due to the work injury such as a job termination, or an unnecessary reduction in hours. Discrimination due to a work injury leads to enhanced remedies and damages.
Job terminations due to disability [ https://www.employeelawca.com/los-angeles-disability-discrimination-lawyer] may be wrongful termination in the civil court system, outside of the workers compensation system. Job terminations due to a work injury that heals in less than 12 weeks may be wrongful termination because the termination violates Family Medical Leave/California Family Rights Acts Leave (FMLA/CFRA) rights [employeelawca.com/job-termination-due-to-family-medical-leave over FMLA]. Our employee lawyers at 1-877-525-0700 can advise which legal remedies might exist for a job termination due to a work injury.SUGGEST A VISUAL EXPLAINING JOB TERMINATIONS DUE TO A WORK INJURY MAY FALL INTO [132a DISCRIMINATION IN WORKRS COMPENSATION] MIGHT BE WRONGFUL TERMINATION DUE TO: DISABILITY DISCRIMINATION FMLA/CFRA DISCRIMINATION
On a national level there are over 1,000,000 workers compensation injuries a year out of the 130 million workers in this country. Unfortunately, one out of every 130 workers is injured at work each year. The most common workers compensation injures are trunk and back injuries. Trunk injuries may make it difficult to move one’s arm. A back injury can be worth a lot of money in the workers compensation system.
The highest rates of work injuries occur in the following industries, and consist of the following percentages of the overall number of workers compensation claims filed annually:
Aquaculture (Private industry) 13.6%
Nursing and residential care facilities 12%
State government 12.0%
Police protection (Local government) 11.3%
Household furniture (except wood and metal) manufacturing 10.8%
Manufactured home (mobile home) manufacturing 10.2%
Fire protection (Local government) 10.2%
Veterinary services (Private industry) 10.0%
Motor home manufacturing (Private industry) 9.5%
Steel foundries (except investment) (Private industry) 9.1%
Travel trailer and camper manufacturing 8.6%
Truck trailer manufacturing (Private industry) 8.3%
Correctional institutions (State government) 8.3%
Hospitals (State government) 8.1%
Psychiatric and substance abuse hospitals (Private industry) 8.1%
Hog and pig farming (Private industry) 8.0%
Heavy and civil engineering construction (Local government) 8.0%
Prefabricated wood building manufacturing (Private industry) 7.9%
Pet and pet supplies stores (Private industry) 7.7%
Mattress manufacturing (Private industry) 7.6%
CALL 1-877-525-0700 FOR A WORKERS COMP LAWYER