Workers' Compensation Attorney For Injured Workers
Workers' compensation laws are governed by each state legislation and by federal statutes. These statutorily-prescribed awards enable the injured worker to receive compensation without initiating legal action against an employer. The state acts differ with respect to the type of workers covered, the amount and duration of benefits, and other details. Federal employees are covered by a number of laws, including the Federal Employees Compensation Act, the Jones Act for seamen and the Longshore and Harbor Workers' Compensation Act for longshore and harbor workers.
Workers' compensation laws permit workers who are hurt on the job to receive a number of benefits, depending on the injury. While these benefits are often required by state and federal law, they can vary widely depending on your state, employer and injury. If you have been injured at work, or have a family member who has been injured at work, you should contact a workers' compensation attorney to discuss what benefits you may be entitled to.
Workers' compensation laws have a wide range of effects on the employer. The effect of most workers' comp laws is to make the employer strictly liable for injuries sustained in the course of employment, without regard to the negligence of the employer or the employee. The injury must arise in the course and scope of employment to give rise to a valid claim, and an employee-employer relationship must exist. If a person not covered by workers compensation or other "no-fault" insurance receives necessary medical treatment, he can attempt to sue for damages caused by resulting pain and suffering, among other potential actions.
In the United States, there are two competing interests in workers' compensation benefits: the injured worker and the employer or the employer's insurance company. The ultimate goal of a workers' compensation attorney representing the claimant—the injured worker—is to help that individual obtain benefits. The goal of the workers' comp lawyer representing the defendant, which would be the employer or the employer's insurance company, is to mitigate the defendant's liability.
In workers' compensation lawsuits, there are two parties. The first party is the injured worker, who wishes to collect benefits. The second party is the employer, who does not have this goal in mind since their job is to reduce the amount of money their workers' comp complaintant receives. These types of cases require an attorney who knows employment law and other laws surrounding the situation. This can be much more complicated than it seems due to statutes and case law that may change how the case is decided.Workers' compensation attorney Fort Lauderdaleact as legal counsel for employers and are generally selected by the employer's insurance carrier. In some circumstances, if the claim is large enough or complex, an employer may hire a defense attorney to handle its workers' comp case.
It should also be noted that a workers' compensation lawyer must keep abreast of all developments in the law if he is to do his job well. That means reading journals and magazines, appearing at continuing legal education programs, and attending industry seminars and conventions. Above all else, this will help ensure that your lawyer is up-to-date on new laws as they're passed down from the legislature.