Workers involved in work accidents must consult an experienced job lawyer to determine if workers compensation is their only legal remedy. The following situations create multiple legal issues only an experienced work lawyer can provide proper guidance on:
Willful injuries caused intentionally by an employer, or due to the removal of a safeguard
Some work accidents may involve potential third-party personal injury claims if an entity other than the employer is a cause of the accident
Workplace accidents that involve an employment termination may constitute a Family Medical Leave Act violation, or disability discrimination
Work accidents that lead to retaliation such as a job termination (132a Claims)
Our employee attorneys evaluate which legal remedies injured workers should pursue. Workers who may have three separate legal remedies cheats themselves if they only pursue one or two of their remedies.
Our law firm represents employees in wrongful termination, discrimination, and sexual harassment lawsuits. A lot of times when speaking to an injured worker they express reluctance to get involved in the workers compensation process. They might think it is a hassle, or will not net them enough compensation. We do not agree. Sometimes the factual or legal situation will not work as wrongful termination, or employment discrimination. The only legal remedy may be workers compensation. Employees should not sacrifice valuable legal rights. The maximum contingency fee a lawyer can charge an employee is a workers compensation case is less than a 1/3 of the fee lawyers charge for representation in a case involving an employment termination, or sexual harassment. Accordingly, more of the available compensation in a work injury case goes to the employee.
CALL 1-877-525-0700 FOR A WORKERS COMPENSATION LAWYER
Serious workplace injuries demand serious workers compensation attorneys. If a workplace injury has caused you any of the following injuries, you should consult with an experienced workers compensation attorney:
Disc injuries in one’s back or neck (herniated or slipped discs)
Pinched nerves and other nerve injuries
Head injuries (including brain injuries)
Workplace violence including robberies
The loss of a body part
Any injury that prevents an employee from doing their normal job
Any permanent injury, or disfigurement
Injuries that are permanent, do not go away quickly, involve surgeries, or long periods of incapacity require attorney assistance. Without a workers compensation lawyer it is unlikely an employee will receive adequate compensation. In many instances they will not receive proper medical treatment. California has stringent rules about what doctors an injured worker can receive treatment from. A failure to understand those rules may waive the employee’s ability to receive free medical treatment from the right doctor or specialist.
Workers who are not represented by attorneys will almost certainly find themselves entering into low value monetary settlements that waive their rights for future treatment or future disability. Waivers of future medical can easily cost hundreds of thousands of dollars in damage to the injured worker.
It is ill-advised for an employee with an injury more serious than minor first aid injuries to go about the process without an attorney. Broken bones, hernias, torn tendons, and work stress can have long ranged implications. These types of injuries can cause substantial medical bills, take a long time to heal, and cause an employee to miss work for a lengthy period of time. All of these issues may lead to monetary compensation in the workers compensation system.
The workers compensation process is a legal process. Cases are decided by administrative judges who are almost always lawyers. A variety of forms are needed to make a claim. The forms have to be correctly filled out and filed. While some forms have to be used, other papers filed before the Workers Compensation Appeals Board have to be custom created. Knowing whether a pre-created or custom form has to be used is something an experienced work injury lawyer is aware of. Other formalities of the workers compensation process include workers may have their depositions taken, and hearings may be transcribed by a court reporter. Workers are subject to cross-examination by insurance company and employer attorneys. Ultimately, workers compensation cases are subject to appeal in the court of appeals. Employees cannot do these things efficiently, or correctly without an attorney representing them.
Even if the employee understands the terms on the forms and knows all of the tricks and rules of the workers compensation process (which is completely unrealistic) they do not know what a work injury claim is worth. Only an experienced workers compensation attorney who has handled similar claims knows the true value of a claim. They also know when to settle. Early settlements are sometimes too early and inadequate. At other times, when matters may not end up in the employee’s favor, an early settlement might be best if the other side is not yet aware of those negative factors or has other reasons for an early settlement. Late settlements might come after negative evidence has been established, or favorable evidence. Only experienced workers compensation lawyers can gauge when the right time is to settle a workers compensation claim, or to try it if necessary.
Naturally, the best person to try a workers compensation case is a workers compensation attorney. Experienced work injury lawyers for employees know how to best present a workers compensation case in a workers compensation hearing. Some workers compensation claims end up being tried because employers will not settle, or refuse a reasonable settlement. It is unlikely a worker will be able to find a workers compensation lawyer on the eve of trial. Get a start now,
CALL 1-877-525-0700 FOR AN EXPERIENCED WORK INJURY ATTORNEY