Orange County Work Injury & Accident Attorneys
A workplace is where you perform your duties at an optimum rate.You are an asset to the employer enhancing his potential to earn revenue. It is difficult to see when the cruel hand of misfortune strikes. At times injuries take place while in this environment. Damages are assessed at accident sites, the responsible parties brought to the book and the victim compensated for his suffered loss. On the job injuries entail a worker’s compensation case. All California employers are required to provide workers compensation benefits under the purview of the California Labor code Section 3700.
Workers Compensation Benefits
Compensation benefits are segregated into five basic types. These include medical care, permanent disability benefits, vocational rehabilitation services and death benefits. Compensation for people who suffer injuries at work is provided by the Workman’s Compensation Statutes. This law is based on employer employee relationship and is not empirical to negligence factors. Irrespective of facts of who is at fault you are entitled for compensation and coverage as per the workman’s compensation rules. Emotional distress and mental anguish are not factors that are taken into account and hence not covered by the compensation law.
The amount of compensation awarded is an equation based on a number of factors. These factors take into account classification of employees according to their work duties. The employees are graded and rates are assigned to each particular tier. The compensation under the worker’s compensation is lesser in a personal injury as no other party is involved. Every employer is required to possess worker’s compensation insurance. The probability of an employee collecting for damages under workers’ compensation is fairly high.
Collecting on negligence is not precluded in case of injury at work. For example someone is driving and gets rear-ended by another vehicle two lawsuits can be initiated. One would deal with the worker’s compensation whereas the other would deal with the liability to be borne by the third party.
Injuries may result from the workplace being unsafe. These may include conditions at work or unsafe working equipment. Employers can be responsible for neglecting unsafe working conditions and equipment if they were aware of the shortcomings of the same. Remedial action not taken when prior information of dangerous work conditions can be used to hold the employer responsible for the accident. Unsafe equipment can also drag the manufactures of the defective equipment to court.
Redressal is provided to the injured by law but there is a complicated formula for the offset in determining whether the employer’s negligence caused the injury. A third party claim is also calculated using the same parameters.
Temporary disability benefits are those untaxed payments you receive from your employer when you are recovering from illness or injury and cannot perform all the duties that fall in the normal purview of your sphere. If you are able to do some work but receive less that your earlier pay you are entitled to receive temporary partial disability benefits whereas in cases where you cannot work at all would allow you to get temporary total disability benefits. Upholding the rule you are paid two thirds of the gross wages that you received before your injuries. This includes limits of the minimum and maximum set by law. This gross income encompasses all the benefits you received from work like wages, food ,lodging tips commissions as well as overtime. The right to receive medical attention on demand is also provided. Wages can also include income from various jobs that you undertook before the mishap.
Complex equations and confusing claims require you to possess a guide to provide a helping hand to lead to through the confusing maze of claims ,counter claims and liabilities. Your side of the story needs to be told and your grievances aired to the deciding authorities. Your rights need to be protected from infringement and an attorney provides the needful.
Discrimination is another battle that rages and alienates co-workers. To tackle this demon you need to raise your voice .The knowledge of the intricacies of law as well as a person to air your concerns is needed. The maze of law is difficult to traverse without a guide and Orange County Work Injury Firm provides for the selfsame. Two or more claims can be lodged on the sustained injury. A layman would not be able to estimate or emphasize on the bearings of these complexities hence the attorney comes into play to help you get what you deserve.
A compensation tag cannot be placed on loss of life or limb or a loved one due to negligence. To cope with the loss and the financial burdens afterwards the necessity of claiming for the loss does arise. The one stop solution for your needs lies at Orange County Work Injury Firm where your needs are addressed and you come first.