Blogger Widgets When My Life Becomes a Book: Worker's Compensation ( Injuried workers', do they have any rights?)

Tuesday, September 25, 2007

Worker's Compensation ( Injuried workers', do they have any rights?)

Worker's Compensation issues

There is a reason for this,
Legal limitations and restrictions as to how much an injuried worker may recover
result in many Workers' recieving inadequate benefits.
Unfortunately, the workers Compensation system
was not designed primarily to benefit the injuried worker.
Instead, it was created to protect employers and Workers' Compensation insurance companies
by limiting their liability and obligations. Despite these negatives,
workers compensation has evolved over the years to include some fairly decent workers protections
Although many of these are buried in hard-to-understand rules and procedures,
informed workers are willing to assert their rights have a good chance of being treated fairly.
Sadly, most Workers' have little, if any, knowledge about their workers compensation rights.
Wouldnt you like to know your rights with Workers' Compensation?
It would be nice if we could handle your own Worker's Compensation case
or filing a claim on someone else's behalf,
such as a minor. ( In legal terms, this is referring to as acting in the capacity of a guardian ad Litem,
where you file a Workers' Compensation procedures and understand the important decisions you'll need to make.

In few places on earth will find a system that uses more confusing, contradictory, and just plain batty terminology.
Unfortunately,
you will simply have to master a number of confusing terms and acronyms used in the Worker's Compensation system,
or you won't understand how to handle your claim.
Whenever you hit a mind-bloggling term, take a moment to learn what it means.
In no time at all, you'll be talking with ease about your TTD, VRMA, QME, P&S, and QRR.

The Workers' Compensation system is sometimes described as a "no-fault" system of give and take.
The injuried employee gives up the right to sue an employer in court.
In return, the employee recieves Compensation without having to prove that the employer caused the injury.
In exchange for the employer's liablity is limited to benefits specified in the California Labor Code.
Not surprisingly less than what might be available if employees could sue in court.
For the vast majority of cases,
the rule that all work-related injuries must go through the Worker's Compensation system is a fact of life.
(There are a few situtations where an injuried employee is not covered by Workers' Compensation and may sue an employer in the glance, a no fault system sounds like fair deal- workers who are hurt are taken care of without having to go through a costly peocess of assigning blame.
Unfortunately, the existing system is complicated and hard to understand.
It has evolved into what too often becomes a bureaucatic nightmare that commonly intimidates and hinders people with valid claims.
But perhaps the worst aspect of the California Workers' Compensation system is that it doesn't deliver on its fundamental promise to cover all injuried workers on "no-fault basis.
The employer and its Workers' Compensation insurance company will often fight an employee's perfectly legitimate claim every step of the way.

Enough about the problems with Workers' Compensation laws. If you've been injuried on the job, you probably want to know how you'll be compensated.
California Workers' Compensation laws provide a limited number of benefits (mostly money payments.) Workers' Compensation benefits are tax exempt; in other words, they are not considered income for income tax purposes.