As is usually the case in legal actions, the answer to this question is...
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According to one U.S. president, the workplace was once almost as dangerous as a battlefield. State workers’ compensation laws changed that. The number of serious work-related accidents has declined steadily over the years. Nevertheless, at least one job-related injury occurs every fifteen seconds. Additionally, years of workers’ compensation insurance premium decreases have drained money from the system.
To get a fair-sized piece of a shrinking financial pie, job injury victims need a partner, like the Los Angeles work accident lawyers at the Law Offices of Eslamboly Hakim. Insurance company lawyers occasionally contest fault in these situations. Disputes over the amount of benefits are commonplace. These benefits usually include lost wage replacement and medical bill payment. Additionally, some job injury victims are entitled to additional compensation. A workplace injury lawyer in Los Angeles unlocks all these possibilities.
Workplace accidents often occur because employers do not provide proper safety equipment, do not properly instruct employees how to use it, and/or do not stress its use. Providing adequate safety equipment means creating a safe and secure environment. Additionally, if they provide this environment, many employers falsely assume that workers know how to use it. Employers often disregard the third area entirely, falsely believing steps one and two are sufficient.
Exposure to harmful substances
Slips, trips, and falls
Struck by an object or equipment
Overexertion
Violence and injuries
Transportation accidents
California law requires most employers to purchase and maintain workers’ compensation insurance policies that pay benefits to victims of traumatic injuries, like falls, and occupational diseases, such as toxic exposure cancer.
Full workers’ compensation benefits are available even if the victim was mostly at fault for the accident and/or a pre-existing condition contributed to the illness or injury. But “full benefits” is a relative term.
Workers’ comp insurance companies often dispute the amount of lost wage replacement. When calculating the victim’s average weekly wage (AWW), they often “accidently” exclude items like 401(k) matching contributions and lost overtime opportunities.
As for medical benefits, many insurance company lawyers believe that the standard for reimbursement, ” reasonably necessary, ” means “cheapest available.” A Workplace Injury Lawyer works to ensure that these victims get the medical treatment they need, not the medical treatment an adjuster is willing to pay for.
Nonsubscriber Claims
This Legalese phrase simply means the right of an injured worker to bypass the workers’ compensation system and file a civil damages claim.
Voluntary nonsubscriber claims are widespread. Many California companies don’t have valid policies because they do not buy one or lie to their insurance carriers about payroll size or other risk factors.
Intentional injuries are the most common involuntary nonsubscriber claims. Workers’ compensation insurance policies do not cover non-accidental injuries or illnesses. This exception could apply if an employer ignores a safety citation or wants to “get back at” a worker.
If you or a loved one has been injured in a workplace accident, the experienced Workplace Accident Lawyers in California at the Law Offices of Eslamboly Hakim are here to help. Start your claim by scheduling a free consultation today.
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