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Workers compensation attorneys came about by common law in the middle ages and the industrial revolution. It was difficult for injured workers to make grievances or be compensated if injuries resulted from other workers. Also the injured worker assumed the risk when they accepted employment and it was also very expensive to pursue a workmans comp case. Many workers simply footed the bill and sought safer employment.
Liability insurance was then offered through fraternal societies and included basic protection. Laws were enacted at the end of the 19th century to protect injured workers so they could then afford specialized legal representation. However lawyers were prevented from filing workers comp cases in civil court as only government courts were allowed.
Workers compensation was instituted at the beginning of the 20th century in the United States with many states adopting legislation and more attorneys started specializing in this area.
Occupational diseases can be covered by workers comp. Heres a list:
-Infections from exposure to lubricating oils as well as dust liquids and vapors
-Diseases from exposure to coal and coal dusts
-Poisoning from chromium mercury arsenic lead phosphorous beryllium etc.
-Radiation poisoning from radioactive substances and X-rays
-Poisoning from hydrocarbons that are solid vapor or liquids
-Contraction hepatitis in the workplace
-Anthrax exposure from infected animals or parts.
-Exposure to asbestos and the associated diseases
-Cancer resulting from exposure to those agents.
Compensation for an occupational disease depends on many variables. For instance if the worker is expected to recover then temporary benefits can be awarded. But if the worker is permanently disabled the employee can be compensated for the remainder of their life.
Employers are typically required to buy workers comp insurance. The laws are meant to protect employer and employee. An attorney will guide you through the legal complexities. Remember insurance fraud is criminal and attorneys ensure clients are being honest and complete all required forms.
If your employers insurance company denies the first request for benefits you have a set time frame to file an appeal. A workers compensation lawyer is familiar with the procedures.
The benefits available include medical care death benefit for surviving family disability disfigurement vocational retraining and physical rehabilitation. If youre able to work part-time while recovering this is taken into account. There are benefits if you are disfigured or have to take accept a lower paying job because of your injuries. Lump sum payments can be included. There are also social security union disability benefits as well as private insurance compensation.
If you need a workers compensation attorney it best to look for lawyer with that specialty. They know the law and can help you navigate the complicated system. Ask friend and neighbors for referrals. Dont be afraid to search on Google and read reviews. Ask for a free consultation and ask questions and get a feel for whether the lawyer is right for you. How many workers comp cases has he or she handled and what were the outcomes? Make sure you feel a connection. Then tell them what happened and ask them if you have a case. Then your attorney will need medical records and safety and accident reports. Be available to help with paperwork.
Remember information is paramount. Assemble case documents including medical records and correspondence about your injury. Make sure you let your employer with 120 days of the accident.
Workers comp lawyers are paid on a contingency basis and only if they win. There is no upfront payment needed. The fee is normally between 12 percent and 15 percent of settlement. Fees are based on:
-Permanent disability settlement
-Anticipated future medical expenses
-Temporary disability payments not previously paid
-Penalties the employer or insurer has paid you.
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