Lawyer Legion created this directory of workers' compensation attorneys throughout the United States. You can search online attorney directory by state, city, or zip code. Find a list of profiles for different workers' compensation attorneys in a particular city or state. The profiles have information on the attorney's membership and leadership in legal organizations related to seeking fair compensation for injured workers, speaking engagements at quality CLE seminars, and participation in specialty certification programs for workers' compensation law.
Attorneys that focus on workers' compensation law involves employees' rights, employers' defenses, and benefits provided for workplace accidents. Workers' compensation law includes activities before the the state administrative agencies that regulate workers' compensation claims, as well as jury trials and appellate practice.
Serious injuries can occur in the workplace. In 2011, the U.S. Department of Labor, Bureau of Labor Statistics recorded and posted 2,986,500 workplace related injuries including 4,692 fatalities and 568 homicides.
As a percentage of hours worked these injuries and fatalities seems small. The Economic Policy Institute puts the economic loss of workplace injuries above 250 billion dollars annually. The cost of these injuries and deaths to a family can be catastrophic. These accidents occur in factory and industrial settings. Automobile deaths comprise a large portion of these injuries.
Workplace accident law varies from state to state. Some states do not require worker’s compensation coverage, some require it in different enterprises and not in others. The law of workplace injuries can be divided into two general areas of concern.
The first relate to workplace injuries which are covered by required worker’s compensation laws. The second relate to injuries and claims against third parties for injuries which occur in the workplace.
In a required worker’s compensation state the employer pays risk-based premiums which are rated by the inherent danger of the employment activity. The benefit to worker’s compensation is that it is the only remedy an employee can have against the employer.
Construction and industrial manufacturing premiums are larger than those where the primary business activity is retail sales. Employers are required to have the worker’s compensation coverage. If an accident or death occurs and the employer failed to have the coverage they may be responsible for paying benefits as well as substantial fines and penalties imposed by the state.
Under the worker’s compensation scheme, when an injury occurs, the employee puts the employer on formal notice of the injury. The employer may have a Notice of Claim form or just use a handwritten notice from the employee. Like any accident, it is best to memorialize all of the details of the accident as soon as practical.
Write down the time and circumstances of how the injury happened, who may have witnessed it and who or what may have been the cause of the accident. As time passes, recollections fade so it is important to get this information recorded while it is fresh in your mind.
The business of making a worker’s compensation claim can be complicated. Minimal injuries do not generally end up in the worker’s compensation claim system. When an injury is serious an employee would be well advised to hire a worker’s compensation lawyer. A compensable claim may involve an injury which aggravates a pre-existing condition such as an old back or neck injury.
Some injured employees may be able to continue to work on a light-duty basis, others may be hospitalized or on home-rest depending on the severity of the injury.
The worker’s compensation system has a medical care side and a compensation side. If the injury is severe, you will come to rely on the financial benefits which flow from the worker’s compensation coverage. During the period of the recovery from the injury, disputes may arise with respect to the benefits the employee may be entitled to. Obtaining experienced legal counsel would be prudent for an injured employee given the complicated structure of worker’s compensation claims.
How can I afford to hire a worker’s compensation lawyer?
Worker’s compensation provides a wage benefit but it is less than the regular wage and finances are often strained following an injury. Pulling together the resources to hire a lawyer is difficult. Many worker’s compensation attorneys may work on a contingency fee basis. If no recovery is made, no fee is due the lawyer. There is no money due up front and compensation is based on a successful outcome.
There are times when the injury which occurs on the clock is the fault of a third party not associated with your employment. Often times this can be an automobile accident during the course of your business day. Another instance is an injury which occurs because of a defective product located at your place of employment.
A machine has a defective component which allows the blade to separate and cause a serious injury. The employee would likely receive worker’s compensation benefits. Because the fault is that of a third party, the employee may be able to file a civil suit for personal injury against the manufacturer of the defective cutting machine.
California Applicants' Attorneys Association (“CAAA”) - CAAA is a non-profit organization that provides a powerful and knowledgeable legal voice for the injured workers. Founded on February 21, 1966, CAAA continues a distinguished tradition of supporting injured workers in California from its headquarters in Sacramento, California. Workers’ compensation attorneys in California who are members of CAAA fight to protect the workers’ interest in obtaining fair compensation and the ability to reenter the community as a productive citizen after a work place injury. Many of the top workers’ compensation attorneys in California belong to CAAA.
Worker’s compensation is a system designed to manage workplace injuries. Ideally it balances the need for stability and regulation with reasonable compensation for injured employees. If you have suffered an injury at work or developed a symptom of an injury over time related to your employment, you will have to decide if you want representation by a lawyer.
If the injury is serious enough to remove cause a loss of actively duty from working the job, for even a short time, it would be prudent to consult with a worker’s compensation lawyer. The law of worker’s compensation varies from state to state. Counsel can advise you of the specific requirements and benefits of your state’s worker’s compensation program.
Use the directory of workers' compensation lawyers at Lawyer Legion to search for a qualified attorney in your area. When you fight the right attorney to fight for fair compensation after your work place injury, be sure to tell the attorney that you found him or her through their profile on Lawyer Legion.
Article last updated on Saturday, June 20, 2015.