Work Related Injuries

15 Jul

workrelatedWork related injuries are those that occur at work or in relation to one’s job. Such injuries include physical ailments, psychological disturbances, and communicable diseases that are transmitted by someone at work. Most jobs have workers’ compensation insurance, which covers workers in the case of a work related injury. Workers’ compensation covers a portion of a person’s weekly pay in addition to medical expenses and medications. To qualify for workers’ compensation, the individual has to suffer from a work related injury. Fault does not matter. The policy still covers the workers no matter whether the fault was partially theirs.

In return for workers’ compensation benefits, a worker must not sue the company for the injury. To apply for benefits, an employee must notify his or her immediate supervisor of the injury as soon as possible. He or she must then file a claim within 30 to 45 days of the injury. The individual will have to see a medical professional who will diagnose the injury and give the worker a date that he or she can return to work. The insurance company will make a determination on whether it will issue benefits to the injured party. If the insurance company fails to grant the claim, a worker may find recourse with a work injury attorney Oakland.

What a Work Injury Attorney can Do

A work injury attorney Oakland can provide a number of services to a person who was injured on the job. First, this person can help the injured person to file an appeal against the insurance company’s decision. The lawyer will do his or her best to present evidence of the worker’s disability and the fact that he or she obtained the injury on the job. If the appeal process does not work, the attorney may be able to help the injured person go after the job under the personal injury process.

How Work Injuries Convert to Personal Injuries

To determine if a work related injury qualifies for personal injury, the work injury attorney Oakland must review the events that led up to the injury. This person must be able to establish fault within the company to win a personal injury case. For example, if a person was hit in the head with an item because a stock person stacked the cans improperly, the injured party can sue the stock person or the company for which he or she works.

Another example is a communicable disease. If a person contracts a disease that could have been prevented if the employer made the other employee go home, the employer may be liable for personal injury compensation. To start proceedings for work related injuries, the individual must contact an attorney in Oakland for a consultation.