Benefits of Hiring Employee’s Compensation Claims Attorney

According to the U.S. Census Bureau, over 1.8 million people pursue employees' compensation claims yearly.

Most employees who sustained work-related injuries are eligible to receive employees' compensation claims, which include:

• medical care

• rehabilitation

• income benefits

The procedure of receiving workers' compensation seems easy: You inform your employer of your injury or work-related condition, see the doctor your employer selects, and follow the doctor's advice.

However, getting the benefits you deserve is often a struggle. At times, valid employees' compensation claims are denied. In situations like these, the assistance of an employee’s compensation claims attorney in asserting claims is required.

Experts on this area of law should be consulted as it involves intricate law application. Moreover, how a particular injury is compensated differs from state to state involving various schedules, formula or other method.

Thus, when you are injured, the following steps may be undertaken:

• Report your injury to your employer immediately. The manner of reporting may vary from state to state. Normally, a verbal report is enough, but that may not be true in other states.

• Notify your employer's workers' compensation insurer.

• Notify the state workers' compensation agency and/or the local court, if applicable.

• File your compensation claim

• Consult an employee’s compensation claims attorney

Employees' compensation refers to a legal system that safeguards the workers’ rights when injury occurred while on the job. This set of law provides the details and procedures that an employee must follow in order to obtain employees' compensation benefits.

The following are considered work-related injuries covered by law, thus compensable:

• Back injuries

• Repetitive stress injuries

• Any kind of work-related physical injury or disease

• Mental, emotional or psychological harm

• Existing injury or medical condition exacerbated or hastened on the job

Under the law, weekly payments of about two thirds of weekly wages are given to covered employees who were injured on the job. These are also being provided to those who cannot go back to work for seven days or more.

The law usually permits payment of the medical bills that relate to your injury, as well as payments to make up for loss earnings because of your injury. In some cases, you may be able to collect money to help you train for a new job.

The question now is; can you sue your employer instead of filing an employees' compensation claim?

The answer is usually “no.” It is because employees’ compensation is established as a “trade-off” whereby the employees surrendered their right to sue employers in court. This is for their work-related injuries and occupational diseases in substitute for their right to receive workers' compensation benefits – regardless of who was at fault for their injuries.

That is why most employers are mandated by law either to carry worker’s compensation insurance or to self-insure for the benefit of their employees. In this manner, employers are safeguarded from defending personal injury claims brought by employees in civil lawsuits.

Keep in mind that only experienced employment attorneys can help you not only receive employee’s compensation benefits but also review your case. This is to determine whether you can file a claim, not only against the actual offending party, but also against the third party involved.

In common, the manufacturer of a defective machine or equipment that caused your injury may also be charged. Likewise, the help of a credible legal counsel is very much necessary to gain more possibility of winning a lawsuit.


For any other concerns regarding your employee’s compensation claim, log on to our website and let our expert Los Angeles employment attorneys take care of your legal worries.

About the Author

Jean is a content writer for the web page of one of the prestigious law firms in Los Angeles. She also worked as a legal analyst for a Florida based company and a paralegal to a credit cooperative. She hopes to publish her own book someday.

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