Employee Injuries
There are Worker's Compensation Laws in
effect which protect employees who are hurt on the job. Employers are
generally required to furnish worker's compensation insurance. This
insurance covers employee injuries irrespective of how the accident
occurred and who is at fault. The only requirement is that the
employee
be injured during the "course and scope" of his or her employment or,
in other words, while on the job.
An employee who is injured on the job can file a claim with the
worker's compensation carrier for benefits. In general, workers
compensation provides replacement income (2/3's of the employee's
salary while injured), payment of medical expenses, and vocational
rehabilitation benefits if necessary. Employees may also be eligible
for life-long benefits or a lump sum payment if they are permanently
hurt while on the job. A key difference with worker's
compensation, however, is that employees do not get to collect "pain
and suffering damages" which is a large component of personal injury
claims.
Employees who are hurt on the job may also have a "third party" claim
against the person that caused the accident, if that person is not the
employer. In many circumstances employees are hurt on the job by
someone other than their employer. In that case the employee can and
should pursue
both a worker's compensation claim and a civil claim against the
responsible party. This is important because the employee can recover
"pain and suffering damages in the third party claim, but not the
worker's compensation claim!
What To Do After A Work
Accident...
After a work related accident you must do what is necessary to protect
yourself and
your legal rights. We suggest the following:
-
Call the police and paramedics if
necessary.
-
Obtain the names and addresses of all
witnesses right away. They may need to leave the scene and go about
their business.
-
Obtain a disposable camera and
photograph
the accident scene and what caused the accident. If you cannot take
photographs take extensive notes about what happened.
-
Report the accident to your employer and
obtain a claim form to be submitted to the worker's compensation
insurance carrier, but do not give an extensive
statement until you have spoken with a lawyer.
-
Make a notation for your records of how
the accident occurred. Be sure to note the date and time of the
accident, location of the accident, names of all witnesses, names of
the persons involved, weather conditions, and what you were wearing at
the time. Keep all clothing or other physical evidence which confirms
the accident.
-
Consult a lawyer immediately. A
lawyer can help you fill out the claim forms, preserve evidence, and
analyze
the case to determine if there are 3rd parties that may be responsible
to you. A lawyer will help you obtain the appropriate medical
care and ensure that you receive the money to which you are entitled.
Remember That Time Is
Of
The Essence...
You should not delay in speaking with a lawyer if you were injured on
the job. A successful case
must
be
investigated immediately. Evidence must be preserved.
Additionally, the
law provides certain time limitations in which action must be taken. If
the required action is not taken within that time, your case will be
lost forever!
Contact Us Today at (310)
578-9777
for a Free Consultation!
Don't Delay!
Any delay in contacting a lawyer can damage your case!
Contact
us
for more info
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