You can protect yourself from the dangers of getting into work accidents in California’s capital city through the workers compensation program. This basically dictates that your employer is bound to pay for the expenses you incur after you become injured in the workplace during the normal conduct of your job. If you are determined to file a claim for workers comp, you should hire a reputable workers compensation attorney in Sacramento.
The first thing that you should do is to file a complaint directly to your employer; as your direct superior, he should be the first to know about the accident. You should complete the appropriate employee claim form. Your employer will then inform his insurance provider who may then prepare to contest your claim or offer you a settlement.
Know that your employer likely has three defenses to pull against your claim, which Howstuffworks.com identifies as:
- Assumption of risk – The injury was from a normal and accepted danger associated with the job.
- The fellow worker rule – The injury was caused by a fellow worker’s negligence.
- Contributory negligence – The worker’s negligence contributed to the accident.
Thankfully, your dependable attorney should be able to help you fight through these defenses and eventually help you get the justice that you deserve.
Weather out the circumstances and try to determine whether or not you should take the settlement. If you think that you have a solid case, or if you may have undetermined yet inevitable future medical expenses, then go ahead with your plans to go to trial. If however, you do not want to go through the lengthy process of the trial, opt for a settlement.
One advantage of a trial is that you can appeal the court’s decision regarding the amount that you will be receiving. Ask your Sacramento workers compensation lawyer for advice if you think that you should be getting more for the amount of physical injury, emotional turmoil, loss of employment, financial burden and other things that the accident has brought about.
Always remember that opting for trial is a complicated and time-consuming process, so it might be wise to consider it only when things are beyond settlement. Nevertheless, neither of these choices should hinder you from fighting for what the law entails you to receive.
(Info from How Workers Compensation Works, howstuffworks.com)