Sunday, July 28, 2013

Understanding a California Workers Compensation Law

Getting injured or being sick while performing your job duties is surely a risk, regardless if you work in an environment that is either inherently dangerous or otherwise. If you suffer from an injury while doing work duties entitles you to file for benefits under workers' compensation, as dictated under the existing federal and California employment and labor laws. As it is, you are entitled to this form of private insurance wherein your employer provides you the needed financial compensation to help you recover from either a work-related injury or sickness. However, if your employer failed to honor your right to file a workers’ compensation claim, then you must consider hiring the legal services of the best workers compensation attorney. The best California workers compensation lawyers are capable of helping and guiding you through the important steps for you to obtain compensatory and punitive damages for your employer’s failure to honor your rights as an employee.

Laws on California workers’ compensation explained

The amount of workers’ compensation benefits that an employee is entitled to receive is usually governed by California’s statutes on such benefits. A workers compensation attorney in California would say that although the amount and coverage may differ from that of the other states, all companies are required to provide their employees and workers with workers’ compensation insurance through a state fund or a private insurance carrier.

Basically, an employee can be entitled to workers’ compensation based on work-related injuries, including, but not limited to, the following:

·         Physical injuries sustained while performing regular work duties;
·         Injuries caused by defects or malfunctions in company machinery used in performing work;
·         Exposure to toxins at work as a result of normal working conditions; and
·         Mental or physical injuries as a result of increase workload and/or work-related stress.

Once an employee’s workers’ compensation claim is filed and taken care of by the employer, he or she may receive any of the following benefits:

·         Medical care paid by the employer;
·         Temporary disability benefits (payments of lost wages due to work injury or illness);
·         Permanent disability benefits (if the worker failed to recover completely);
·          Supplemental job displacement benefits; and
·         Vocational rehabilitation.

Issues that arise in filing workers' compensation claims

California workers compensation claims often result in issues between employees and their employers. While an employee filing a claim for workers compensation knows that dealing with a work-related injury or sickness is already stressful, it does not necessarily help if his or her employer subjects him or her to discrimination, harassment, or retaliation for exercising an employee right. Such humiliation caused by the employer can be devastating because of the emotional trauma that the employee and his or her family may have to overcome, given that he or she is already coping with certain hardships in relation to his or her injury or sickness. If you have been in such a difficult situation, then it would be in your best interest to find a law firm with a skilled and seasoned pool of the best workers compensation lawyers in California who are committed to providing you the best legal service in order to resolve your employment, harassment, and retaliation issue.

Generally, discrimination on the basis of filing a workers’ compensation claim is prohibited under the prevailing federal and California employment and labor laws. It is a form of unfair treatment in which an employee is subjected to any adverse employment action, such as termination, demotion, and deprivation of salaries and benefits, among others. Fortunately on your part, a top workers compensation attorney in California would be beneficial if you want to assert your rights against the wrongdoings of your employer.

Seeking legal assistance for your claim

Consulting with the top Los Angeles workplace compensation lawyers would be your best chance of obtaining the damages that you deserve from your employer. Finding an employment and labor law firm in California with top notch workers compensation lawyers would ensure that your case will be effectively handled and aggressively pursued so that you can receive the best possible outcome. It would also strongly help your cause if you hire lawyers for workers compensation in California who is not only experienced and effective in handling claims of discrimination, but also work on a contingency-based representation.