Worker’s Compensation (or workman’s comp) is a crucial part of the stability of our modern day workplace. In California, without a good compensation program in place, worker’s could be left out in the cold after an injury incident.
If you are on the job 8 hours-a-day 5 days-a-week, there is a definite risk of getting hurt. After all, your job takes up the bulk of your day! Worker’s compensation is an overarching program that gives employees the right to covered medical care or financial relief.
For worker’s compensation to take effect, an injury or illness has to occur during the course of standard employment.
As you may have noticed in the above definition, employees are often waved of their right to sue for negligence when participating in a worker’s compensation program. This allows companies to protect themselves from larger more detrimental settlements.
Punitive damages, or those incidences caused by neglect and negligence of an employer, are generally not a part of worker’s compensation cases.
When it comes to workman’s comp, every state has its own set of rules and statutes.
One of the first things you have to do when considering workman’s comp is recognizing which state you are legally working in. From their, it is critical to acquire a skilled personal injury lawyer familiar with your state’s system.
As with any form of insurance, companies will often try to find any and every reason not to pay you. Sometimes they may be correct under the letter of the law, but to get your fair chance at financial or medical relief you need to come prepared with a competent attorney. At the very least, have one look over the details of your case. Most good attorney’s will provide you with a free legal consultation.
Private investigators and surveillance equipment aren't just in spy movies. There are many occasions during a legal claim that may require surveillance in order to validate an injured person's statements and intentions. For example, if a person says that they suffer from severe back pain as a result of an on-the-job accident, but they are seen doing extensive work on their car in their driveway, they might be stretching the truth. Insurance companies and employers want to make sure that the claim is valid because they might stand to lose a lot of money and a good reputation if the injured worker is lying about their pain.
Workers compensation claims can be simple or complicated, and the length of time it takes to resolve the claim usually depends on its complexity. Employees injured on the job could be left dealing with the effects of the injuries for the rest of their lives in some cases. To help make up for the financial toll of a life-long impairment, workers' compensation insurance carriers sometimes pay benefits according to the employee's impairment rating or disability. These benefits are in addition to those that help offset lost wages and medical bills.
An injured worker's claim for workers compensation can potentially be worth a lot of money. If the employee is truly injured, they may need every dime that is paid to them. But if the employee isn't telling the truth about their injuries or pain, then the insurance company may become suspicious. High-value cases, whether they are based on truth or fiction, may alert the insurance company to pursue surveillance of the claimant.
Injured workers file a claim for benefits with their employer's workers compensation insurance company. Because they have a serious interest in the claimant's condition, the insurance company may be the party that hires the private investigator to conduct surveillance. Private investigators must be licensed by the state if they want to work in Florida. Additionally, Florida law states that someone can take your picture, but cannot record your voice, without your consent. So if you see a private investigator taking pictures of you as you work in your yard, they may be within their rights. If you have questions about your right to privacy, contact an attorney. There may be a thin line between surveillance and invasion of privacy, so understanding your legal rights is important.
If you are going through a workers compensation case, you may be under strict orders from your doctor not to do certain activities, such as bending or lifting. Make sure to follow these orders. The doctor's professional advice helps you heal more quickly, but you need to follow their advice to help protect your claim as well. Even if you ignored the doctor's orders briefly, it can be hard to argue with photographic evidence.
Beyond fighting for benefits, workers compensation claims can get complicated. If you are dealing with an at-work injury, contact an attorney. They may be able to help you understand the process and your rights.