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5 Facts You Should Know About Workers Compensation

InsideUp Inc

Each state has workers compensation laws framed to compensate employees for work associated injuries. In certain states, it is called workman’s compensation or workmen’s compensation, but both are just the same. While particular workers comp laws and systems differ from state to state, there are basic principles that are applicable to all states. Following are 5 facts everyone should know.

Not every employer is mandated to have workers compensation.

Each state has fixed a minimum number of employees which an employer must have before the employer is obligated to have workers comp. The number in some cases is one employee but is commonly 2 to 4 employees. So, if you are employed in a very small business, your employer should not be obligated to have workers compensation. Moreover, not every employee is in all cases covered. Most states acknowledge that businesses on occasions hire “casual” employees and these employees may not be covered by workers comp.

You don’t have to prove that your employer did something wrong or was at fault.

In basic personal injury matters where you are hurt, you have to prove that the other person was responsible for your injury in some way. Be that as may, to make it easier for workers to receive medical treatment and compensation for injuries they get at work, worker compensation laws exclude proving fault. No matter an employer did something wrong or not, it makesnodifference. The employee has to just prove that his/her injuries happened while at work.

You have to go to a medical provider like a doctor, or hospital to which your employer sends you.

It may look unfair, but your employer (or its workers compensation Oakland CA insurance carrier) gets to choose the medical provider that you go to, for a work-associated injury. Moreover, if you say no to going to the medical provider that is chosen by your employer, you perhaps can lose your workers compensation claim. Employers need to pay the medical bills of the medical provider to which you were asked to go by the employer. If you instead go to your own doctor you will perhaps have to foot the bill yourself.

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The majority of workers compensation lawyers in Oakland CA will handle workers comp cases on basis of a contingency fee.

The majority of the states will disallow a lawyer charging a worker/client a flat fee to deal with a workers’ comp case. They want workers compensation attorneys to work on basis of a contingency fee which indicates that the legal practitioner is paid a percentage of the amount they recover for the worker/client. If the lawyer cannot recover compensation for the worker/client, then the lawyer doesn’t get paid.

Lawyer fees have to be approved by the Workers Compensation Commission

Each state has a Workers Compensation Commission. A state may name the commission differently, however, its purpose is the same, which is to settle disputes between the employer and employee that pertain to an employee’s injury. As part of dispute settlement, the commission is obligated to approve worker compensation lawyers’ fees. Usually, the fee is 25% or 33 1/3% of the compensation awarded to the injured worker.

Sum Up

If you want clarity on any questions about workers compensation speaks to a lawyer licensed in your state.


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