Tag Archives: worker’s compensation

General Safety Issues

WHEN DO I NEED TO HIRE A PERSONAL INJURY ATTORNEY? (GUEST POST)

If you’ve been injured on the job, you may need to hire a personal injury attorney to help you with your workers compensation claim.  Your need for an attorney depends on a number of factors, including the severity of your injuries, behavior of the insurance companies and your knowledge of the workers compensation process.

Why Would I Need an Attorney?

It’s natural to trust that your employer has your best interest at heart, but unfortunately that’s not always the case. Certain employers and insurance companies will put their own interests ahead of your well-being without a second thought. Furthermore, some insurance companies will discourage you from hiring an attorney, claiming that attorney fees will cut into the compensation you receive.

It’s not always necessary to hire a lawyer, but it’s generally in your best interests to have one. Legal representation from a knowledgeable attorney means you have an advocate working to protect your health and livelihood.

Most workers compensation lawyers will meet with you for free consultation to review your claim and assess whether you need representation. Come to your meeting with the following information in hand:

  •          Medical records and bills
  •          Any relevant photos
  •          Witness contact information
  •          Any questions you have for the attorney 

On average, workers compensation attorneys work on a contingency basis, meaning they will take a portion of the benefits you receive for their fees.  If you end up not collecting benefits, you won’t owe the attorney anything.

When to Call an Attorney

You should retain an attorney if:

  •          Your injuries are serious enough to need surgery.
  •          Your health won’t return to its pre-injury state.
  •          Your medical benefits are denied.
  •          You feel  you are not receiving the correct benefits
  •          You are no longer able to work on a regular basis in any job.
  •          Your employer has disputed a decision made by your state workers comp division.
  •          You need to dispute a decision made by your employer, their insurance company or your state’s workers compensation division regarding your claim.
  •          If you fear retribution for filing a workers compensation case.

If any part of your claim is in dispute with your employer, or your employer’s insurance company, it’s essential you hire an attorney.  The dispute process involves complex rules and procedures. You may be left at a disadvantage if you do not retain an attorney to represent your interests.

When an Attorney is Not Needed

Most on-the-job injuries aren’t very serious and result in quick medical care paid for by an employer.  If there is no significant loss of time from work and you expect to go back to work with your employer at your current job after a short recovery, it is unlikely you will need to hire an attorney.

However, if you think your employer is not giving you the compensation you warrant following a workplace accident or injury, you should start the search for a good personal injury attorney.

As a freelance writer for Jim Cover,a San Clemente personal injury attorney, Chris Anderson takes pride in lending hand to those who need aid. When he’s not writing, Chris follows his wife around their backyard garden with a shovel trying to look helpful.

 

 
General Safety Issues

Why We Need Strong Workplace Safety Laws (Guest Post)

Written by Joseph Ginarte 

Many jobs involve some inherent dangers. However, an employer is always liable for maintaining a safe workplace and observing regulations set by OSHA, the U.S. Occupational Safety and Health Administration. This liability covers anyone working on the premises, whether that person is an employee of the company or an independent contractor. In addition to a safe environment, the employer is also required to provide safe tools, including vehicles, appliances and other devices utilized to perform the work. Employers must caution employees about hazards relating to the job that the employee may not know about, provide sufficient help to get a job done safely and consistently enforce safety rules so that all employees comply. 

Workplace safety laws are complex and vary from state to state. However, in most cases, state laws conform very closely to the federal OSHA regulations. In the event of a workplace injury, in most states the standards set forth by OSHA are usually those that employers will be held responsible for. Employers are seldom held liable for any and every possible injury, simply because it happened in the course of employment. The factor that will determine whether an employee’s claim against an employer is justifiable is whether the injury occurred as a direct result of the employer’s failure to observe safety standards. 

If an injury should occur on the job, your first step should be to seek proper medical help for yourself. As soon as is reasonably possible given the circumstances of your health, you should notify the employer of your injury. Take steps immediately to file a claim for worker’s compensation. While no state requires an attorney to make a worker’s compensation claim, the services of an experienced attorney may be very helpful at this time. In addition, an injury lawyer can be useful in ensuring that the medical help you are receiving is adequate. It’s important to have an experienced expert oversee this issue because you will initially be required to utilize doctors specified by the company’s worker’s compensation insurance provider, not your own doctors. The attorney will also ensure that the facts of your claim are properly presented and that all documents are in order. 

In addition to worker’s compensation, a work injury may justify a personal injury claim as well. While worker’s compensation benefits require little proof beyond the facts that the injury occurred on the job, the basis for a personal injury claim is always negligence on the part of the party who is liable. Negligence can be difficult to prove in an employment injury and requires the expertise of an experienced personal injury attorney. Workplace personal injury claims must be carefully documented including medical records and statements of witnesses to the accident. In addition, very strict statutes of limitations apply. A personal injury attorney can advise you on your rights and responsibilities as well as evaluate the strengths and weaknesses of your case and offer an estimate, based on his or her experience, of the most likely outcome in terms of compensation. If you decide to go ahead with the claim, the personal injury attorney can make sure all important deadlines are fulfilled and gather the facts necessary to present your case.  

This guest post was contributed by Joseph A. Ginarte. He is a specialist personal injury attorney New York and the proprietor of the Ginart Law firm. He enjoys writing and sharing his insights on various legal blogs.

Note: As stated in a similar post, companies are required by OSHA not only to provide the proper tools and equipment for employees and see that they are trained properly, but also furnish the right work safety productsfor the particular job.  Then it is up to each worker to wear that PPE at all times while on the job.  PPE is the last line of defense in protecting each worker. Pat