What is the Purpose of Workers Compensation?
What is the Purpose of Workers Compensation?
The purpose of workers compensation is to protect both workers and employers. Workers compensation was established during the Industrial Revolution in the early 20th century. Before the implementation of workers compensation, the only recourse injured employees had was to hire a lawyer and sue their employers for negligence. This resulted in numerous expensive injury claims.
Workers compensation became the no-fault solution to providing injured workers with benefits for on-the-job injuries. The system removed the requirement for proving fault and enabled workers and employers to resolve issues out of court.
Workers compensation laws have two main purposes
Protecting the worker. Workers compensation protects workers because it guarantees that job related injuries and illnesses are covered by insurance. Benefits are given to the injured worker at no cost and in exchange, the worker gives up the right to sue the employer. Possible workers compensation benefits include:
- Full medical
- Surgery
- Hospital treatments
- Wage replacement
- Permanent disability (if applicable)
Protecting the employer. Most employers are mandated by law to carry workers compensation insurance and by doing so, employers are protected against lawsuits from injured workers.
Workers compensation is essentially a compromise between employers and workers. Employees receive specified benefits for on the job injuries or illnesses, and employers are protected against workers seeking legal remedies.
Employers who are exempt from carrying workers compensation insurance (usually government entities) are required to provide unlimited sick leave with full pay. Civilian federal government employees are covered by a program administered by the U.S. Department of Labor. Members of the military are covered by veteran's health and related benefits.
The workers compensation no-fault system has in effect achieved its purpose by eliminating prevalent litigation of employers for negligence related to worker injuries and illnesses. Today, most injured workers’ lawsuits involve determining if the injury occurred on the job and any entitled benefits.
Workers compensation legal advice
If you have been injured on your job, a Massachusetts workers compensation attorney in your area can provide legal advice about your workers compensation options.
Robert L. Noa, Attorney at Law
Why You Need a Worker Comp Attorney in Los Angeles
Workers compensation is one of the oldest social insurance programs in the United States, dating back to the early 20th century. InCalifornia, all employers must carry workers compensation insurance, even if they have only one employee. Under Section 3700.5 of the California Labor Code, failure to have workers compensation coverage is a criminal offense punishable by a $10,000 fine, imprisonment in the county jail for up to one year, or both.
The Division of Workers Compensation (DWC), within the California Department of Industrial Relations, has an elaborate, complex system set up to handle all aspects of workers compensation claims, reviews, and benefits. Workers who are hurt on the job or become ill as a result of unsafe work conditions are not required to have an attorney to receive workers compensation benefits. Benefits for temporary and permanent disabilities are set and awarded based on strict statutory guidelines, and medical treatments must meet a peer-reviewed standard of care.
But sometimes the job-related injury is severe and the necessary medical treatment and care are costly. Doctors picked by the workers comp insurance company could try to minimize the severity of your injuries, and insurance company case managers could delay or deny your claim as well as pressure you to accept a low-ball settlement offer.
How Los Angeles workers comp lawyers can fight for you
When you are disabled or infirmed due to a job-related accident or illness, you are not in the strongest position to navigate the workers comp system or to fight for the care and benefits you deserve. In such circumstances, it is advantageous to have a Los Angeles workers comp lawyer step in and handle all the paperwork and challenges of your case for you. Your Los Angeles workers comp lawyer can make sure you explore all your options including the following:
- Medical examination by a qualified medical evaluator (QME) or agreed medical examiner (AME) for a second opinion
- Taking your case to the Workers Compensation Appeals Board (WCAB), where a judge can decide what medical treatment should be provided to you
- Challenging unfair physical disability ratings that hurt your benefits
- Negotiating and evaluating lump-sum settlements
- Suing negligent third parties that contributed to your illness or injuries
We’ll Fight For You!
If you or a loved one was hurt on the job, we’ll fight for you. If there is no recovery, there is no fee. For workers compensation matters, we have a partnership with The Law Firm of Perona, Langer, Beck & Serbin, which is exceptionally qualified and experienced in successfully handling all types of workers comp cases.
If you have a workers compensation case in California, we have offices across the state to serve you. Please contact us today at 800-333-0000 or use our online contact form to arrange for your free initial consultation.
Situations that Require a Los Angeles Workers Compensation Attorney
Workers compensation is a trade-off between employers and employees. With workers comp, employees are entitled to receive prompt, adequate medical treatment for injuries and illnesses that occur on the job, regardless of who is at fault. In return, workers are prevented from suing their employers for damages and losses stemming from job-related accidents and illnesses.
The Division of Workers Compensation (DWC), within the California Department of Industrial Relations, has an elaborate, complex system set up to handle all aspects of workers compensation claims, reviews, and benefits. In most cases, workers compensation cases move through the system without a hitch. Workers see the doctors in the medical provider network (MPN) set up by insurance companies covering their employers and receive the treatment and benefits they deserve.
Why you need a Los Angeles workers comp attorney on your side
But sometimes, things do not go smoothly. When disagreements and disputes arise, it is extremely advantageous to enlist the help of qualified, experienced Los Angeles workers comp attorneys who are familiar with all the forms, rules, and reviews associated with California workers compensation.
Insurance carriers could deny your claim because they:
- Believe your injury was not work-related
- Do not consider your injury to be as serious as you claim
- Say you violated the company safety policy
- Do not agree with the medical treatment or care you feel you need
- Claim you were drinking alcohol or using illegal drugs at the time of the accident
If you were hurt on the job or have contracted a debilitating illness, you may not be in the best position to navigate the workers compensation system by yourself or to understand and fight for your rights under the law.
A Los Angeles workers comp attorney can move quickly to ensure that you receive prompt, adequate medical care and that all forms are filed by specified deadlines so you do not put critical benefits payments at risk. If an adequate settlement cannot be reached, your attorney can represent you at workers compensation reviews and tribunals, as well as sue negligent third parties that contributed to your injuries.
We’ll Fight For You!
If you or a loved one was hurt on the job, we’ll fight for you. If there is no recovery, there is no fee. For workers compensation matters, we have a partnership with The Law Firm of Perona, Langer, Beck & Serbin, which is exceptionally qualified and experienced in successfully handling all types of workers comp cases.
If you have a workers compensation case in California, we have offices across the state to serve you. Please contact us today at 800-333-0000 or use our online contact form to arrange for your free initial consultation.
Notable Large Accident Settlements in Pennsylvania
In recent years, Pennsylvania courts have granted substantial settlements to accident victims. Some of the more noteworthy cases are described below.
Trucking Accident
In April of 2010, a Northeastern Pennsylvania trucking accident case was reported in the Legal Intelligencer and the Pennsylvania Law Weekly.
- Facts of the case: In May of 2007, a tractor-trailer allegedly failed to stop for a red traffic light at a four-way intersection, resulting in a collision with a car driven by a retired 83-year-old woman. The primary injuries alleged were a traumatic brain injury and numerous broken bones.
The truck driver denied running a red light, and claimed that his traffic light changed to yellow as he was about to enter the intersection. But, the car driver’s attorney argued that the truck driver was reckless and negligent for failing to stop at a red traffic signal, and the trucking company was liable for the driver's conduct.
In addition to a claim for compensatory damages, the suit included a claim against the trucking company for punitive damages due to the driver’s disregard for the safety of others as a result of not braking for an obvious red light.
- Result: The case settled at trial for $3 million.
Slip and Fall Accident Cases
In 2009, a medical student at the University of Pennsylvania sued Trigen-Philadelphia Energy Corp. for their negligence in his 18-foot fall into an open manhole. The company is responsible for the steam system under Philadelphia streets.
- Facts of the case: The jury found that the removed manhole cover was 99.99% the fault of the corporation. The court ruled that the company had known of the widespread practice of homeless people removing manhole covers to seek shelter and that the company did not adequately address the problem. The student’s fall caused a spinal injury that ended his education and prospects for a medical career.
- Result: The jury awarded $18 million. The amount of the verdict took into account lost future earnings.
A Bucks County jury awarded a victim for injuries resulting from a slip and fall in the icy parking lot of an industrial park.
- Facts of the case: The suit maintained that the man’s fall resulted from the negligence of the industrial park’s owner who did not salt, shovel, or clear the ice and snow in the parking lot.
- Result: $390,000 judgment
Largest Pennsylvania settlements
The Legal Intelligencer lists the largest Pennsylvania lawsuit settlements.
Dealing with an injury at work may seem overwhelming. PA workers compensation attorneys can help if you're injured in the workplace. They can handle your claim and provide you peace of mind.