Workplace injury attorneys Los Angelesmostly would not normally become involved in workplace accidents as this is generally covered using employees compensation. However there are instances when an injury claim will be denied by the company's insurance carrier for no definite reason. This is when a seasoned employees compensation lawyer comes into play.
Employees compensation was brought about to protect workers who had received an injury in the course of doing their job. It is in effect a way of a worker receiving quick payment to cover fast medical expenses and loss of wages whilst getting over their injuries (usually within 72 hours). It is classed as a 'no blame ' type compensation whereby the payment would be manufactured by an insurance carrier and would avoid the injured individual having to go through expensive litigation processes. At the same time, provided the employer hasn't acted with gross negligence with regard to the accident, and then no blame can be sought against them.
The very same compensation that was designed to defend the rights of workers is sadly open to abuse as compensation payouts are at the mercy of insurance corporations and their full ethos is to try and earn money by paying out as little as possible in compensation. So let's take a look at instances in which a LA barrister can help
Unfair employer not passing up a claim
It might well be that you file a claim for your injury with all good objectives, except your claim never gets passed up to the insurance carrier. One of the reasons for this could be that if your employer passes the claim up and it gets accepted then it might be the root of companies increased premium payments. The bottom line is that your employer has a duty bound right to pass each legitimate claim to the insurance carrier. If they don't do this, then a lawyer can do something against them.
Non payment of premiums
It'd also be that your employer hasn't kept up premiums on their employees compensation insurance. In the state of California it is mandatory that all companies who employ more than one person take out a worker's compensation policy to protect them. Again failure to try this can lead to prosecution.
Claim dispute
In some examples there may be a feud between the employer and the injured party as to whether their injury happened while at work. This is very true of ongoing wounds such as back pain where it is frequently difficult to provide proof that a certain act at work led to this latest wave of back stiffness. In circumstances where there are disputes, then they're brought before a workers compensation tribunal board who will examine the case in query and either agree or disagree to pay out. A LA attorney who is used to handling tribunal boards can either help you to make preparations for your case, or can in some scenarios represent you entirely.
Insurance firms
In some instances it may the insurer or adjuster who is at fault. They have total power in whether to accept or reject assertions. However this is on the proviso that they treat each claim reasonably and without bias. If you suspect that your claim has been unfairly denied, then you do not have to just accept the results. Instead a LA personal injury attorney will help you to get the compensation that you merit.
Payment stopped too soon
By the same nature that insurance carriers can accept or reject claims, they can also (through the say so of the company doctor) stop payment. This is particularly true if your employer wants you back to work. If you don't agree with the company doctor's discoveries and believe that you are not ready to return to work, then a representing counsel can call upon the services of an independent consultant who can examine you. From these discoveries your barrister can instruct (through a court of law) the carrier to resume payments.
Being hurt through no fault of your own is bad enough, but being denied payments you are entitled to is a particularly 'bitter pill to swallow'. It can place a big financial burden on your shoulders as well as sensations of stress and torment. However it doesn't need to be this way. If you know your rights and call upon the services of a LA counsel, then they can help to not only get you the compensation that you could have, but can also file for punishing damages for any stress and worry due to the non payment.
Employees compensation was brought about to protect workers who had received an injury in the course of doing their job. It is in effect a way of a worker receiving quick payment to cover fast medical expenses and loss of wages whilst getting over their injuries (usually within 72 hours). It is classed as a 'no blame ' type compensation whereby the payment would be manufactured by an insurance carrier and would avoid the injured individual having to go through expensive litigation processes. At the same time, provided the employer hasn't acted with gross negligence with regard to the accident, and then no blame can be sought against them.
The very same compensation that was designed to defend the rights of workers is sadly open to abuse as compensation payouts are at the mercy of insurance corporations and their full ethos is to try and earn money by paying out as little as possible in compensation. So let's take a look at instances in which a LA barrister can help
Unfair employer not passing up a claim
It might well be that you file a claim for your injury with all good objectives, except your claim never gets passed up to the insurance carrier. One of the reasons for this could be that if your employer passes the claim up and it gets accepted then it might be the root of companies increased premium payments. The bottom line is that your employer has a duty bound right to pass each legitimate claim to the insurance carrier. If they don't do this, then a lawyer can do something against them.
Non payment of premiums
It'd also be that your employer hasn't kept up premiums on their employees compensation insurance. In the state of California it is mandatory that all companies who employ more than one person take out a worker's compensation policy to protect them. Again failure to try this can lead to prosecution.
Claim dispute
In some examples there may be a feud between the employer and the injured party as to whether their injury happened while at work. This is very true of ongoing wounds such as back pain where it is frequently difficult to provide proof that a certain act at work led to this latest wave of back stiffness. In circumstances where there are disputes, then they're brought before a workers compensation tribunal board who will examine the case in query and either agree or disagree to pay out. A LA attorney who is used to handling tribunal boards can either help you to make preparations for your case, or can in some scenarios represent you entirely.
Insurance firms
In some instances it may the insurer or adjuster who is at fault. They have total power in whether to accept or reject assertions. However this is on the proviso that they treat each claim reasonably and without bias. If you suspect that your claim has been unfairly denied, then you do not have to just accept the results. Instead a LA personal injury attorney will help you to get the compensation that you merit.
Payment stopped too soon
By the same nature that insurance carriers can accept or reject claims, they can also (through the say so of the company doctor) stop payment. This is particularly true if your employer wants you back to work. If you don't agree with the company doctor's discoveries and believe that you are not ready to return to work, then a representing counsel can call upon the services of an independent consultant who can examine you. From these discoveries your barrister can instruct (through a court of law) the carrier to resume payments.
Being hurt through no fault of your own is bad enough, but being denied payments you are entitled to is a particularly 'bitter pill to swallow'. It can place a big financial burden on your shoulders as well as sensations of stress and torment. However it doesn't need to be this way. If you know your rights and call upon the services of a LA counsel, then they can help to not only get you the compensation that you could have, but can also file for punishing damages for any stress and worry due to the non payment.
About the Author:
Carlia Donningan employed a LA lawyer after she was wounded at work in a warehouse accident. Her LA lawyer gave her sound advice on how to deal with the situation.
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