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The Basics Of Workers Compensation Encino Law

By Helen Graham


There are innumerable jobs which require occasional endangerment of one's personal welfare. Some tasks simply cannot be completed without a certain amount of personal risk, and the people who place their own welfare at stake for the sake of their jobs should be honored and thanked for their courageous contributions to the well-being of modern society. A work related injury could leave one out of a job for days, months, or even years as he or she recuperates. Therefore, it is vital that one receives adequate workers compensation Encino if a work-related injury ever occurs.

Sometimes, one can obtain a work-related injury even when his or her job is not considered to be particularly dangerous. These types of injuries can pose even greater threats to one's personal welfare because they normally occur without warning. While one who works in the construction industry obviously must understand the potential hazards of his or her career before taking a job, an accident that occurs in a modest office building would be entirely unexpected, and the victim likely would not have taken precautions against the event of such an injury.

If notification is not made on time, benefits can be denied. Your attorney will work with you at this critical time to ensure that you properly show that were you were injured while performing your job, that proper notification is made and documents are collected for submittal to the insurance carrier. Similarly, if you are an independent contractor, a compensation attorney can help you determine your legal eligibility for reimbursement under the law.

However, the fate of much more than a monetary sum lies on the outcome of one's work-related injury claim. When one files for workers compensations, one is essentially proposing an agreement to his or her employer. If the employer chooses to grant the worker his or her desired amount of workers reimbursements, then the employee agrees to relinquish his or her rights to sue the company based on his or her work-related injury.

The law also functions to protect employers and businesses from suffering massive losses in expensive lawsuits. Rather than going through lengthy and costly court proceedings, most workers' comp cases are solved in an administrative tribunal, which gets the employee back to work sooner, and lessens the risk (and cost) of the company being sued. Interestingly, this concept is one of the only legal areas in which negligence does not play an important role. In other personal injury cases, victims must first prove that the defendant is at fault for the damage because of their negligence.

However, in this type of law, whether it was the employee or the employer's negligence that caused the injury is irrelevant. If a worker gets hurt on the job, then he or she is entitled to compensation. It may not matter who is at fault or behaved incorrectly, which is why almost all businesses are required to carry insurance.

After successfully filing for a worker's compensation claim, one can receive his or her money in a variety of different ways. For relatively small claims, the worker is sometimes bestowed with a single lump sum payment. However, most employees receive their money in the form of regular reimbursement payments over a prolonged period of time.

The law enables such employees to get financial security in terms of money every month during the time when he/she is injured in the industry and not able to come up for work. This is one of the major benefits given by this insurance policy. In the same way, it also provides financial assistance to the worker's family in case of worker's death or disability that is caused due to working hazards




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